Garage & Service Station Inc., 342 NYS2d 385, 386 (City Ct. of Long Island Beach 1973).

Interlocutory appeals may not be heard. Jayson’s Interiors, Inc. v. Leopold 607 NYS2d 533, 534 (App. T., 2d Dept. 1993). And summary judgment motions may not be granted, Weiner v. Tell-Aviv Car & Limo Serv., Ltd. 533 NYS2d 372,375 (Civ. Ct. N.Y. County, 1988), except on such issues as res judicata and lack of subject-matter jurisdiction. E.g., Dunrite Auto body & Motors, Inc. v. Liberty Mutual Ins. Co., 607 NYS2d 1005, 1006 ) Dist. Ct., Suffolk County, 1993). In handling a small claim an attorney must be cognizant that the Small Claims Part, for all its simplified procedures, is a real court of law. Under CCA §1808, an adjudication in the Small Claims Part is res judicata as to the amount involved in the particular action.

The statutory language recently had been interpreted to bar further lawsuits based on the same transactions as the initial one, regardless of the amount involved. In Omara v. Polise 625 NYS2d 403, 404 (App. T., 2d Dept., 1995), the court held that a claimant who is unsuccessful in a Small Claims action is barred from suing again in Civil Court for the same cause of action, even for a greater amount.

The court found that the limited effect of res judicata in CCA §1808 constitutes mere "technical language" and that res judicata bars and entirely new action regardless of the amount. Counsel should be wary of initiating a small claim if doing so may prejudice the future rights of a client to sue elsewhere should the small claim be lost.

APPEALS

A hearing before an arbitrator is not transcribed, and an arbitrator’s decision cannot be appealed, even for a mistake of law. Bernstein v. County of Westchester, 380 NYS2d 62,63 (2d Dept. 1976). All parties, except at an inquest, when an arbitrator acts as referee who reports and recommends, must sign the "consent to arbitration." Section of the Small Claims Case Record Card.

This consent formally provides that the parties understand that they are waiving any right to appeal. An arbitrator’s award may be vacated or modified under CPRL 7511, but only on the narrowest grounds, such as fraud or an arbitrator’s blood relationship with a party.

Because a Small Claims arbitrator’s award is not appealable, some attorneys prefer to have their cases heard by a judge. Trials before judges are appealable, and minutes are taken.

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