Appellate Terms of the Supreme Court of New York, 1997

Simmons v. Apple Bank for Savings

Appellate Terms of the Supreme Court of New York · Decided January 23, 1997

172 Misc. 2d 373; 660 N.Y.S.2d 603; 1997 N.Y. Misc. LEXIS 282

Counsel

APPEARANCES OF COUNSEL, Timothy P. Brennan, New York City, for appellant.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

Appeal dismissed.

The denial of a motion to dismiss a small claims action does not constitute the denial of substantial justice within the meaning of UDCA 1807 since the only effect of same is to require the parties to proceed to trial (McBrearty v Pryor & Mandelup, NYLJ, Apr. 23, 1992, at 28, col 1 [App Term, 9th & 10th Jud Dists]; Chaloupka v Nassau Travel Ctr., NYLJ, Feb. 1, 1980, at *37413, col 5 [App Term, 9th & 10th Jud Dists]). Accordingly, the appeal must be dismissed.

DiPaola, P. J., Stark and Ingrassia, JJ., concur.

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