Grossfield v Gabriel Mgt. Corp. (2004 NY Slip Op 51247(U))

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Grossfield v Gabriel Mgt. Corp.

2004 NY Slip Op 51247(U)

Decided on October 20, 2004

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 20, 2004

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: ARONIN, J.P., PATTERSON and GOLIA, JJ.
2004-401 Q C

MARJORIE L. GROSSFIELD, Appellant,

against

GABRIEL MANAGEMENT CORP., Respondent.

Appeal by plaintiff from an order of the Small Claims Part of the Civil Court, Queens County (S. Gottlieb, J.), dated February 24, 2004, which granted defendant's motion to vacate a default judgment.

Appeal unanimously dismissed.

No appeal lies from an order the effect of which is to require the parties to proceed to trial in a small claims action. The order granting defendant's motion to
vacate a default judgment merely restored the action to the calendar and does not, at this juncture, constitute a denial of substantial justice, which is the sole ground for an appeal in a small claims action (see CCA 1807; Santos v Ortiz, 3 Misc 3d 137 [A], 2004 NY Slip Op 50513 [U] [App Term, 2d & 11th Jud Dists]; Chaloupka v Nassau Travel Ctr., NYLJ, Feb. 1, 1980 [App Term, 9th & 10th Jud Dists]).
Decision Date: October 20, 2004