In Finamore v. Huntington Cardiac Rehabilitation Association, 150 A.D.2d 426 (2nd Dept. 1989), the plaintiff's attorney appeared at arbitration, but the plaintiff did not. Counsel submitted the pleadings and did nothing else. The arbitrator found that the plaintiff had "no cause of action". The Appellate Division, Second Department held that "the failure of the plaintiff to appear at the arbitration proceeding constituted a default on his part, and precludes him from demanding a trial de novo ," (Id. at 150 A.D.2d 427.)