Opinion
2005-1375 KC.
Decided May 17, 2006.
Appeal from an order of the Civil Court of the City of New York, Kings County (Robin S. Garson, J.), entered March 24, 2005. The order denied defendant's motion for summary judgment dismissing the small claims action.
Appeal dismissed.
PRESENT:: GOLIA, J.P., RIOS and BELEN, JJ
In this small claims action, defendant appeals from an order denying her motion for summary judgment. The effect of such order is to require defendant to appear at trial. Since this does not constitute a denial of substantial justice, the order is not appealable ( see CCA 1807; Hall v. New York City Housing Authority, NYLJ, July 12, 1988 [App Term, 2d 11th Jud Dists]; Markowitz v. The New York Racing Association, Inc., NYLJ, Jan. 9, 1986 [App Term, 2d 11th Jud Dists]). In view of the foregoing, the appeal is dismissed.
Golia, J.P., Rios and Belen, JJ., concur.