Afonso v Robert J. Cava, P.C.

[*1] Afonso v Robert J. Cava, P.C. 2009 NY Slip Op 52276(U) [25 Misc 3d 136(A)] Decided on November 5, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 5, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : MOLIA, J.P., LaCAVA and IANNACCI, JJ
2008-2160 S C.

Victor Afonso and JENNIFER AFONSO, Respondents,

against

Robert J. Cava, P.C., Appellant.

Appeal from an order of the District Court of Suffolk County, First District (James P. Flanagan, J.), entered October 22, 2008. The order denied defendant's motion to dismiss the action.

ORDERED that the appeal is dismissed.

The sole ground for an appeal of a small claims judgment or order is that substantial justice has not been done between the parties according to the rules and principles of substantive law (UDCA 1807). The District Court's order denying defendant's motion to dismiss this small claims action does not constitute the denial of substantial justice within the meaning of UDCA 1807, since the only effect of the order is to require the parties to proceed to trial (see Walsh v Vishnick, 12 Misc 3d 131[A], 2006 NY Slip Op 51054[U] [App Term, 9th & 10th Jud Dists 2006]). Accordingly, the appeal is dismissed.

Molia, J.P., LaCava and Iannacci, JJ., concur.
Decision Date: November 05, 2009