Schuster v. Schweitzer

Full title: DAVID SCHUSTER et al., Respondents, v. RONALD SCHWEITZER et al., Appellants

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 25, 1994

203 A.D.2d 552 (N.Y. App. Div. 1994)

612 N.Y.S.2d 933

Opinion

April 25, 1994

Appeal from the Supreme Court, Nassau County (McCaffrey, J.).

Ordered that the appeal is dismissed, without costs or disbursements.

The appellants expressly state in their brief that "[n]o appeal has been taken from that part of the decision * * * which denied the motions for summary judgment".

Inasmuch as the appellants do not challenge the denial of their cross motion for summary judgment, but limit their appeal to dicta in the decision portion of the decision and order (one paper), their appeal must be dismissed, since no appeal lies from a decision (see, Schicchi v Green Constr. Corp., 100 A.D.2d 509). Thompson, J.P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.