| Mohib Fanek v Grassy Sprain Owners Corp. |
| Motion No: 2018-00228 WC |
| Slip Opinion No: 2019 NY Slip Op 63369(U) |
| Decided on February 7, 2019 |
| 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. |
of the State of New York for the 9th & 10th Judicial Districts
BRUCE E. TOLBERT, J.P.
JERRY GARGUILO
ELIZABETH H. EMERSON, JJ.
DECISION & ORDER ON MOTION
| Mohib Fanek, Respondent, v Grassy Sprain Owners Corp., Appellant. |
Appeal from an order of the City Court of Yonkers, Westchester County, entered December 29, 2017.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
In this small claims action, appellant appeals from an order denying its motion for summary judgment dismissing the action. The effect of such order is to require appellant to appear at trial. Since this does not constitute a denial of substantial justice, the order is not appealable (see UCCA 1807; Feinstein v Lagios, 12 Misc 3d 128[A], 2006 NY Slip Op 50917[U] [App Term, 2d Dept, 2d & 11th Jud Dists [2006]). In view of the foregoing, the appeal is dismissed.
ENTER:
Paul Kenny
Chief Clerk