Opinion
2004-401 QC.
Decided October 20, 2004.
Appeal by plaintiff from an order of the Small Claims Part of the Civil Court, Queens County (S. Gottlieb, J.), dated February 24, 2004, which granted defendant's motion to vacate a default judgment.
Appeal unanimously dismissed.
PRESENT: ARONIN, J.P., PATTERSON and GOLIA, JJ.
No appeal lies from an order the effect of which is to require the parties to proceed to trial in a small claims action. The order granting defendant's motion to vacate a default judgment merely restored the action to the calendar and does not, at this juncture, constitute a denial of substantial justice, which is the sole ground for an appeal in a small claims action (see CCA 1807; Santos v. Ortiz, 3 Misc 3d 137 [A], 2004 NY Slip Op 50513 [U] [App Term, 2d 11th Jud Dists]; Chaloupka v. Nassau Travel Ctr., NYLJ, Feb. 1, 1980 [App Term, 9th 10th Jud Dists]).