Fanek v. Grassy Sprain Owners Corp.

Full title: Mohib Fanek, Respondent, v. Grassy Sprain Owners Corp., Appellant.

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Feb 7, 2019

2019 N.Y. Slip Op. 63369 (N.Y. App. Term 2019)

Opinion

Motion No: 2018-00228 WC

02-07-2019

Mohib Fanek, Respondent, v. Grassy Sprain Owners Corp., Appellant.

BRUCE E. TOLBERT, J.P.

JERRY GARGUILO

ELIZABETH H. EMERSON, JJ.

DECISION & ORDER ON MOTION

Appeal from an order of the City Court of Yonkers, Westchester County, entered December 29, 2017.

On the court's own motion, it is

ORDERED that the appeal is dismissed.

In this small claims action, appellant appeals from an order denying its motion for summary judgment dismissing the action. The effect of such order is to require appellant to appear at trial. Since this does not constitute a denial of substantial justice, the order is not appealable (see UCCA 1807; Feinstein v Lagios, 12 Misc 3d 128[A], 2006 NY Slip Op 50917[U] [App Term, 2d Dept, 2d & 11th Jud Dists [2006]). In view of the foregoing, the appeal is dismissed.

ENTER:

Paul Kenny

Chief Clerk