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Rosen v. Lowe

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Oct 25, 2019
65 Misc. 3d 145 (N.Y. App. Term 2019)

Opinion

2018-1168 K C

10-25-2019

Samuel E. ROSEN, Also Known as Elly Rosen, Respondent, v. Mark A. LOWE, Appellant, Ilsa B. Lowe, Defendant.

Mark A. Lowe, appellant pro se. Samuel E. Rosen, a/k/a Elly Rosen, respondent pro se.


Mark A. Lowe, appellant pro se.

Samuel E. Rosen, a/k/a Elly Rosen, respondent pro se.

PRESENT: MICHAEL L. PESCE, P.J., MICHELLE WESTON, DAVID ELLIOT, JJ.

ORDERED that the appeal is dismissed.

In this small claims action to recover the principal sum of $4,091.32 for services rendered, Mark A. Lowe (defendant) appeals from an order of the Civil Court which denied his motion for summary judgment dismissing the action.

The denial of a motion for summary judgment in a small claims action does not constitute a denial of substantial justice within the meaning of CCA 1807, since the only effect of the order is to require the parties to proceed to trial (see Shaw v. Okenwa , 36 Misc 3d 154[A], 2012 NY Slip Op. 51720[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2012]; Sporten v. Davis , 31 Misc 3d 151[A], 2011 NY Slip Op. 51122[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2011]; Feinstein v. Lagios , 12 Misc 3d 128[A], 2006 NY Slip Op. 50917[U] [App Term, 2d Dept, 2d & 11th Jud Dists 2006] ). Consequently, no appeal lies from the order denying defendant's motion.

Accordingly, the appeal is dismissed.

PESCE, P.J., WESTON and ELLIOT, JJ., concur.


Summaries of

Rosen v. Lowe

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Oct 25, 2019
65 Misc. 3d 145 (N.Y. App. Term 2019)
Case details for

Rosen v. Lowe

Case Details

Full title:Samuel E. Rosen, Also Known as Elly Rosen, Respondent, v. Mark A. Lowe…

Court:SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

Date published: Oct 25, 2019

Citations

65 Misc. 3d 145 (N.Y. App. Term 2019)
2019 N.Y. Slip Op. 51760
119 N.Y.S.3d 385