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SIMMONS v. APPLE BANK

172 Misc.2d 373 (1997)

660 N.Y.S.2d 603

Princess Simmons, Respondent, v. Apple Bank for Savings, Appellant.

Supreme Court, Appellate Term, Second Department.

January 23, 1997

Attorney(s) appearing for the Case

Timothy P. Brennan, New York City, for appellant.

DiPAOLA, P. J., STARK and INGRASSIA, JJ., concur.

MEMORANDUM.

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, Apr. 23, 1992, at 28, col 1 [App Term, 9th & 10th Jud Dists]; Chaloupka v Nassau Travel Ctr., NYLJ, Feb. 1, 1980, at

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