
    [607 NYS2d 533]
    Jaysons Interiors, Inc., Respondent, v Richard Leopold et al., Appellants.
    Supreme Court, Appellate Term, Second Department,
    October 18, 1993
    APPEARANCES OF COUNSEL
    
      David M. Ettinger, New York City, for appellants. Martin J. Massell, Mineóla, for respondent.
   OPINION OF THE COURT

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, at 28, col 1 [App Term, 9th & 10th Jud Dists]). In our opinion, such holding applies equally to the essentially similar commercial claims action. Accordingly, the appeal must be dismissed.

Stark, J. P., Collins and Luciano, JJ., concur.  