[*1]
Feinstein v Lagios
2006 NY Slip Op 50917(U) [12 Misc 3d 128(A)]
Decided on May 17, 2006
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on May 17, 2006
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : GOLIA, J.P., RIOS and BELEN, JJ
2005-1375 K C.

Debbie Feinstein, Respondent,

against

Helen Lagios, d/b/a Vardakis Real Estate, Appellant.


Appeal from an order of the Civil Court of the City of New York, Kings County (Robin S. Garson, J.), entered March 24, 2005. The order denied defendant's motion for summary judgment dismissing the small claims action.


Appeal dismissed.

In this small claims action, defendant appeals from an order denying her motion for summary judgment. The effect of such order is to require defendant to appear at trial. Since this does not constitute a denial of substantial justice, the order is not appealable (see CCA 1807; Hall v New York City Housing Authority, NYLJ, July 12, 1988 [App Term, 2d & 11th Jud Dists]; Markowitz v The New York Racing Association, Inc., NYLJ, Jan. 9, 1986 [App Term, 2d & 11th Jud Dists]). In view of the foregoing, the appeal is dismissed.

Golia, J.P., Rios and Belen, JJ., concur.
Decision Date: May 17, 2006