Fiocco v. Doerflinger

OPINION OF THE COURT

Joseph Goldstein, J.

This is a motion by the defendant in the Small Claims Part for an order dismissing the complaint in the within action and directing that summary judgment be entered in favor of the defendant upon the ground that there are no triable issues of fact and the cause of action alleged in the complaint has no merit. The Small Claims Part of the court is not the proper jurisdiction for pretrial motion practice, and the motion should be denied.

Furthermore, the defendant asserts that a claim for property damage allegedly sustained by the plaintiff as a result of…