Borisovski v. Lamarre

Alexandre Borisovski, Plaintiff-Appellant,

against

Joseph Lamarre, Defendant-Respondent.

Plaintiff appeals from an order of the Small Claims Part of the Civil Court of the City of New York, New York County (Judy H. Kim, J.), entered June 13, 2019, granting defendant's motion to dismiss the action pursuant to CPLR 3211(a)(7).

Order (Judy H. Kim, J.), entered June 13, 2019, reversed, without costs, defendant's motion to dismiss is denied, and the action is reinstated.

Pretrial motions to dismiss for failure to state a cause of action should rarely, if ever, be entertained in Small Claims Court (see…