Opinion
October 10, 1995
Appeal from the Supreme Court, Dutchess County (Hillery, J.).
Ordered that the appeals from the decision are dismissed, without costs or disbursements, since no appeal lies from a decision (see, Schicchi v. Green Constr. Corp., 100 A.D.2d 509); and it is further,
Ordered that the judgment is affirmed, without costs or disbursements.
We agree with the Supreme Court's determination that, pursuant to the terms of the lease, the plaintiff was required to pay for the cost of labor for the repairs to the leased premises and the defendant was required to pay for the cost of materials. Accordingly, the Supreme Court correctly found that there were no triable issues of fact and properly granted the plaintiff's motion for summary judgment (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324; Zuckerman v. City of New York, 49 N.Y.2d 557). Balletta, J.P., Ritter, Pizzuto and Santucci, JJ., concur.