Guarcello v. KLM Royal Dutch Airlines

OPINION OF THE COURT

Preston S. Scher, J.

PROCEDURAL POSTURE OF THE CASE

Defendant KLM Royal Dutch Airlines moves to dismiss *413plaintiff Annamarie Guarcello’s complaint pursuant to CPLR 3211 on the grounds that: (1) plaintiff has failed to state a cause of action, and (2) this court lacks subject matter jurisdiction over plaintiffs cause of action. For the reasons stated herein, defendant’s motion is, in all respects, denied.

It should be noted at the outset that motion practice is severely discouraged and generally inappropriate in small claims cases. (Weiner v Tel Aviv Car & Limousine Serv., 141…