From Casetext: Smarter Legal Research

Stanley v. U.S. Equities

Appellate Term of the Supreme Court of New York, First Department
Dec 27, 2005
2005 N.Y. Slip Op. 52158 (N.Y. App. Term 2005)

Opinion

570415/05.

Decided December 27, 2005.

Defendant appeals from an order of the Small Claims Part of the Civil Court, New York County (Eileen A. Rakower, J.), dated May 17, 2005, which denied its motion to dismiss the action.

Order (Eileen A. Rakower, J.), dated May 17, 2005, reversed, without costs, and defendant's motion to dismiss the action is granted.

PRESENT: McCOOE, J.P., DAVIS, GANGEL-JACOB, JJ


This small claims action seeks recovery of "expenses etc." incurred by plaintiff in connection with a credit card debt action commenced by defendant against him in Nassau County. That action was ultimately dismissed following defendant's nonappearance at a scheduled traverse hearing. Inasmuch as the record herein reveals no cognizable legal basis for plaintiff to recover costs or expenses in the prior action, "substantial justice" ( see CCA 1807) is best achieved by granting defendant's motion to dismiss the action.

This constitutes the decision and order of the court.


Summaries of

Stanley v. U.S. Equities

Appellate Term of the Supreme Court of New York, First Department
Dec 27, 2005
2005 N.Y. Slip Op. 52158 (N.Y. App. Term 2005)
Case details for

Stanley v. U.S. Equities

Case Details

Full title:CRAIG STANLEY, Plaintiff-Respondent, v. U.S. EQUITIES, Defendant-Appellant

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Dec 27, 2005

Citations

2005 N.Y. Slip Op. 52158 (N.Y. App. Term 2005)
814 N.Y.S.2d 565