| Wing C. Cheung v Lucky Express Corp. d/b/a Good Luck Car Serv. |
| Motion No: 2008-01811 QC |
| Slip Opinion No: 2008 NYSlipOp 90160(U) |
| Decided on November 18, 2008 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| WING C. CHEUNG, Respondent, -against- LUCKY EXPRESS CORPORATION d/b/a GOOD LUCK CAR SERVICE, Appellant. |
DECISION
Motion by appellant to stay trial is denied.
On the court's own motion, appeal is dismissed.
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 Jaysons Interiors v Leopold, 158 Misc 2d 994 [1993]).