From Casetext: Smarter Legal Research

Walsh v. Vishnick

Appellate Term of the Supreme Court of New York, Second Department
Jun 5, 2006
2006 N.Y. Slip Op. 51054 (N.Y. App. Term 2006)

Opinion

2005-1447 SC.

Decided June 5, 2006.

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.

PRESENT: RUDOLPH, P.J., McCABE and TANENBAUM, JJ


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.


Summaries of

Walsh v. Vishnick

Appellate Term of the Supreme Court of New York, Second Department
Jun 5, 2006
2006 N.Y. Slip Op. 51054 (N.Y. App. Term 2006)
Case details for

Walsh v. Vishnick

Case Details

Full title:BRIAN WALSH and MAUREEN SCADUTO, Respondents, v. JASONE VISHNICK and…

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Jun 5, 2006

Citations

2006 N.Y. Slip Op. 51054 (N.Y. App. Term 2006)