ESQ HQNEW YORK LAW WATCH

Appellate Division, Third Department · October 1, 2026 · 2026 NY Slip Op 05579

Dougal v Kindlon

Read the official decision: 2026 NY Slip Op 05579

Holding The appeal is dismissed because no appealable paper exists, as the City Court’s oral decision was never reduced to a judgment or final order. The subsequent order denying a motion to compel judgment does not constitute a final judgment subject to appeal.

The court’s words

no appeal lies from an oral decision which was not reduced to a judgment

2026 NY Slip Op 05579, at the official text

there is nothing in the record establishing that a judgment was ever issued by City Court

2026 NY Slip Op 05579, at the official text

City Court's subsequent decision and order denying plaintiffs' motion to compel the issuance of a judgment was not a final judgment

2026 NY Slip Op 05579, at the official text

it is incumbent upon a court to ensure that a small claims action is terminated by the entry of a judgment or final order

2026 NY Slip Op 05579, at the official text
CourtAppellate Division, Third Department
DecidedOctober 1, 2026
Citation2026 NY Slip Op 05579
Area of lawCivil Procedure
WeekWeek ending October 3, 2026
Official textOfficial decision: 2026 NY Slip Op 05579
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id763

Recommended citation

ESQ HQ, New York Law Watch, Dougal v Kindlon, 2026 NY Slip Op 05579 (Appellate Division, Third Department, October 1, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05579/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

Read how Law Watch works

Published October 1, 2026. Updated October 1, 2026.