SIMMONS v. APPLE BANK FOR SAVINGS

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Supreme Court, Appellate Term, New York,

Princess SIMMONS, Respondent, v. APPLE BANK FOR SAVINGS, Appellant.

Decided: January 23, 1997

Before DiPAOLA, P.J., and STARK and INGRASSIA, JJ. Timothy P. Brennan, New York City, for Appellant.

Appeal dismissed.

The denial of a motion to dismiss a small claims action does not constitute the denial of substantial justice within the meaning of UDCA 1807 since the only effect of same is to require the parties to proceed to trial (McBrearty v. Pryor & Mandelup, NYLJ, April 23, 1992, at 28, col. 1 [App.Term 9th & 10th Jud.Dists.];   Chaloupka v. Nassau Travel Center, Inc., NYLJ, Feb. 1, 1980, at 13, col. 5 [App.Term 9th & 10th Jud.Dists.] ).  Accordingly, the appeal must be dismissed.

MEMORANDUM.