Terrell Taylor, Claimant, v. Capital One Bank, Defendant. (2026)

The following papers were read on this motion by defendant to dismiss claimant's action pursuant to CPLR 3211 (a) (1) and (a) (7).

Papers Numbered

Notice of Motion, Affirmation, Exhibits, Service 1-4

Affirmation in Opposition, Exhibits, Service 5

Upon the foregoing papers, it is ordered that these motions are determined as follows:

Defendant seeks to dismiss plaintiff's claim seeking $10,000.00 for "Discrimination and Fraud" pursuant to CPLR 3211 (a) (1) based upon documentary evidence (CPLR 3211 [a] [1]) and the failure to state a cause of action (CPLR 3211 [a] [7]). Defendant argues that the recitation in the claim form fails to set forth facts sufficient to support a cognizable cause of action, and it fails to provide enough detail for Capitol One to understand, investigate and defend against the action.

A person bringing a Small Claims action is not bound by the statutory rules of pleading and need not complete or serve a summons and complaint, but need only provide the Small Claims Clerk with a statement of the claim, who shall reduce same to "a concise, written form" (see NY City Civ Ct Act §§ 1803 [a] and 1804). The claimant may rely on the court to ascertain from the proof what legal issues must be determined (see Hurley v Suzuki 112 USA, LLC, 22 Misc 3d 1113 [A] [Suffolk Dist Ct, 3rd Dist 2008], affd 30 Misc 3d 135 [A] [App Term, 2d Dept, 9th and 10th Jud Dists 2011], accord Huebner v Fitzsimmons, 54 Misc 3d 132 [A] [App Term, 2d Dept, 9th and 10th Jud Dists 2017]). Moreover, pretrial motions to dismiss for failure to state a cause of action are rarely entertained in Small Claims Court (see e.g. Polanco v City of New York, 81 Misc 3d 138 [A] [App Term, 1st Dept 2023]; Friedman v Seward Park Hous. Corp., 167 Misc 2d 57, 58 [App Term, 1st Dept 1995]). Rather, "substantial justice" is best rendered by a prompt trial of the issues in dispute (id.; see NY City Civ Ct Act § 1805 [a]; see e.g. Simmons v Apple Bank for Savings, 172 Misc 2d 373 [App Term, 2d Dept 1997]).

Accordingly, plaintiff's motion to dismiss is denied. This claim shall be scheduled for trial on November 2, 2026 at 9:30 AM, Part 47, Courtroom 305.

This is the Decision and Order of the Court.

Date: May 12, 2026

Jamaica, New York

Hon. Peter F. Lane, JCC

Peter F. Lane, J.