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JAYSONS INTERIORS v. LEOPOLD

158 Misc.2d 994 (1993)

607 N.Y.S.2d 533

Jaysons Interiors, Inc., Respondent, v. Richard Leopold et al., Appellants.

Supreme Court, Appellate Term, Second Department.

October 18, 1993

Attorney(s) appearing for the Case

David M. Ettinger, New York City, for appellants. Martin J. Massell, Mineola, for respondent.

STARK, J. P., COLLINS and LUCIANO, JJ., concur.

MEMORANDUM.

Appeal dismissed, without costs.

This court has held that no appeal lies from an intermediate order prior to judgment in a small claims action where the only result of said order is that the matter must proceed to trial (see, Chaloupka v Nassau Travel Ctr., NYLJ, Feb. 1, 1980, at 13, col 5 [App Term, 9th & 10th Jud Dists]; McBrearty v Pryor & Mandelup, NYLJ, Apr. 23, 1992...

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