FANG, LEE v. HOME DEPOT USA, INC.

Memorandum: Plaintiff commenced this small claims action in City Court seeking damages for defendants’ negligent installation and repair of an HVAC unit in plaintiffs house. After trial, City Court orally dismissed the claim from the bench. Plaintiff took an appeal to County Court despite the absence of an appealable paper, and that court issued an order affirming the “judgment” of City Court that dismissed plaintiffs claim. This appeal must be dismissed (see CPLR 5703 [b]; Shapiro v Tony’s Culver Atl., Inc., 90 AD3d 1501, 1502 [2011]; Kuhn v Kuhn, 129 AD2d 967, 967 [1987]). An appeal may be…