| Sporten v Davis |
| 2011 NY Slip Op 51122(U) [31 Misc 3d 151(A)] |
| Decided on June 14, 2011 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Justice Court of the Town of Southampton, Suffolk County
(Barbara K. Wilson, J.), entered January 15, 2010. The order, insofar as appealed from, denied
defendant's motion to dismiss the action.
ORDERED that the appeal is dismissed.
In this small claims action to recover the principal sum of $3,000 for services plaintiff had allegedly rendered to defendant at The Bridge golf course, defendant moved to dismiss the action based upon a lack of personal jurisdiction and upon a defense founded on documentary evidence. The Justice Court denied the motion.
The denial of a motion to dismiss a small claims action does not constitute the denial of substantial justice within the meaning of UJCA 1807 since the only effect of the denial is to require the parties to proceed to trial (see Walsh v Vishnick, 12 Misc 3d 131[A], 2006 NY Slip Op 51054[U] [App Term, 9th & 10th Jud Dists 2006]). Accordingly, the appeal is dismissed.
Tanenbaum, J.P., Molia and Iannacci, JJ., concur.
Decision Date: June 14, 2011