Opinion
2005-1267 QC.
Decided May 17, 2006.
Appeal from an order of the Civil Court of the City of New York, Queens County (Lee A. Mayersohn, J.), entered July 29, 2005. The order denied defendant's motion to dismiss the action.
Appeal dismissed.
PRESENT: WESTON PATTERSON, J.P., GOLIA and BELEN, JJ.
In this small claims action involving a claim for payment for home improvement services allegedly rendered, defendant appeals from the order denying his motion to dismiss. The appeal must be dismissed as the order does not constitute a denial of substantial justice, the only issue appealable in the small claims context (CCA 1807), as the sole effect of such a ruling is to set the matter down for trial ( see Simmons v. Apple Bank, 172 Misc 2d 373 [App Term, 2d 11th Jud Dists 1997]). Moreover, defendant concedes in his brief that a default judgment was entered against him herein subsequent to the taking of the present appeal. As the right of direct appeal from an intermediate order of the court below terminates with the entry of judgment, the appeal must be dismissed on this ground as well ( see Matter of Aho, 39 NY2d 231).
Weston Patterson, J.P., Golia and Belen, JJ., concur.