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.