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ROSEN v. LOWE (2019)

Supreme Court, Appellate Term, New York.

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

2018-1168 K C

Decided: October 25, 2019

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

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

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.

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ROSEN v. LOWE (2019)

Docket No: 2018-1168 K C

Decided: October 25, 2019

Court: Supreme Court, Appellate Term, New York.

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