Appellate Terms of the Supreme Court of New York, 1993

Jaysons Interiors, Inc. v. Leopold

Appellate Terms of the Supreme Court of New York · Decided October 18, 1993

158 Misc. 2d 994; 607 N.Y.S.2d 533; 1993 N.Y. Misc. LEXIS 554

Counsel

APPEARANCES OF COUNSEL, David M. Ettinger, New York City, for appellants. Martin J. Massell, Mineóla, for respondent.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

Appeal dismissed, without costs.

This court has held that no appeal lies from an intermediate order prior to judgment in a small claims action where the only result of said order is that the matter must proceed to trial (see, Chaloupka v Nassau Travel Ctr., NYLJ, Feb. 1, 1980, at 13, col 5 [App Term, 9th & 10th Jud Dists]; McBrearty *995v Pryor & Mandelup, NYLJ, Apr. 23, 1992, at 28, col 1 [App Term, 9th & 10th Jud Dists]). In our opinion, such holding applies equally to the essentially similar commercial claims action. Accordingly, the appeal must be dismissed.

Stark, J. P., Collins and Luciano, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.