Appeal from an order of the District Court of Nassau County, First District (Howard S. Miller, J.), dated May 19, 2005. The order denied plaintiff's motion for summary judgment.

Appeal dismissed.

UDCA 1807 provides that "[a] person commencing an action upon a small claim under this article shall be deemed to have waived all right to appeal, except that either party may appeal on the sole grounds that substantial justice has not been done between the parties according to the rules and principles of substantive law." Since an order in a small claims action denying a motion for summary judgment only has the effect of requiring a party to proceed to trial, it is not a denial of substantial justice and, thus, the instant order is not appealable (see Jean-Louis v Travelers/Aetna Ins. Co., NYLJ, Apr. 6, 1998 [App Term, 9th & 10th Jud Dists]; Goidal v Jackson Mgt. Corp., NYLJ, May 21, 1986 [App Term, 2d & 11th Jud Dists]; Markowitz v The New York Racing Assoc., Inc., NYLJ, Jan. 9, 1986 [App Term, 2d & 11th Jud Dists]). Accordingly, the appeal must be dismissed.

Rudolph, P.J., Angiolillo and McCabe, JJ., concur.
Decision Date: February 02, 2006