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Harris v Jamaica Auto Repairs
2004 NY Slip Op 51637(U)
Decided on December 15, 2004
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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 15, 2004
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: PESCE, P.J., PATTERSON and RIOS, JJ.
2004-392 Q C

CHANTELLE HARRIS, Respondent,

against

JAMAICA AUTO REPAIRS a/k/a NEW YORK'S BEST AUTO, INC., Appellant.


Appeal by defendant from an order of the Small Claims Part of the Civil Court, Queens County (A. Agate, J.), entered January 29 2004, granting plaintiff's motion to amend the caption.


Appeal unanimously dismissed.

The order granting plaintiff's motion to amend is not appealable. The record indicates that defendant defaulted on the motion. Under the circumstances,
defendant's remedy was to move to vacate the order in the court below, and if the motion had been denied, to appeal the denial thereof.
Decision Date: December 15, 2004