Huebner v. Fitzsimmons

Nancy Huebner, Appellant,

against

Cheryl Fitzsimmons, Respondent.

Appeal from a judgment of the District Court of Suffolk County, Sixth District (Linda J. Kevins, J.), entered April 24, 2015. The judgment, upon the court's sua sponte determination, dismissed the action.

ORDERED that the judgment is reversed, without costs, and the matter is remitted to the District Court for a trial.

In this small claims action, plaintiff stated on the small claims complaint form that, on July 15, 2013, she had been served with an order of protection which falsely accused her of harassment and possession of a…