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
| Court | Appellate Division, Third Department |
|---|---|
| Decided | October 1, 2026 |
| Citation | 2026 NY Slip Op 05579 |
| Area of law | Civil Procedure |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05579 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 763 |
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