Jaysons Interiors v. Leopold

Full title: JAYSONS INTERIORS, INC., Respondent, v. RICHARD LEOPOLD et al., Appellants

Court: Supreme Court, Appellate Term, Second Department

Date published: Oct 18, 1993

158 Misc. 2d 994 (N.Y. App. Term 1993)

607 N.Y.S.2d 533

Opinion

October 18, 1993

Appeal from the District Court of Nassau County, James Madden, J.

David M. Ettinger, New York City, for appellants.

Martin J. Massell, Mineola, for respondent.

MEMORANDUM.

Appeal dismissed, without costs.

This court has held that no appeal lies from an intermediate order prior to judgment in a small claims action where the only result of said order is that the matter must proceed to trial (see, Chaloupka v Nassau Travel Ctr., NYLJ, Feb. 1, 1980, at 13, col 5 [App Term, 9th 10th Jud Dists]; McBrearty v Pryor Mandelup, NYLJ, Apr. 23, 1992, at 28, col 1 [App Term, 9th 10th Jud Dists]). In our opinion, such holding applies equally to the essentially similar commercial claims action. Accordingly, the appeal must be dismissed.

STARK, J.P., COLLINS and LUCIANO, JJ., concur.