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Walsh v Vishnick
2006 NY Slip Op 51054(U) [12 Misc 3d 131(A)]
Decided on June 5, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 5, 2006
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : RUDOLPH, P.J., McCABE and TANENBAUM, JJ
2005-1447 S C.

Brian Walsh and Maureen Scaduto, Respondents,

against

Jasone Vishnick and Hamptons Escape, Inc., Appellants.


Appeal from an order of the District Court of Suffolk County, Third District (C. Steven Hackeling, J.), entered July 26, 2005. The order denied defendants' motion to dismiss the action.


Appeal dismissed.

The denial of a motion to dismiss a small claims action does not constitute the denial of substantial justice within the meaning of UDCA 1807 since the only effect of same is to require the parties to proceed to trial (see Simmons v Apple Bank for Sav., 172 Misc 2d 373 [App Term, 9th & 10th Jud Dists 1997]). Accordingly, the appeal is dismissed.

Rudolph, P.J., McCabe and Tanenbaum, JJ., concur.
Decision Date: June 5, 2006