Hamilton v. Khalife

Full title: LYNDA HAMILTON, plaintiff, v. MICHAEL KHALIFE, appellant, BMW FINANCIAL…

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

Date published: Dec 22, 2003

2 A.D.3d 682 (N.Y. App. Div. 2003)

768 N.Y.S.2d 626

Opinion

2003-00914.

December 22, 2003.

In an action to recover damages for personal injuries, the defendant Michael Khalife appeals from a decision of the Supreme Court, Nassau County (Lockman, J.H.O.), dated December 18, 2002, which found that the indemnity clause of a certain lease issued by the defendant BMW Financial Services, N.A., Inc., was enforceable pursuant to CPLR 4544.

Bertram Herman, P.C., Mount Kisco, N.Y., for appellant.

Biedermann, Hoenig, Massamillo Ruff, P.C., New York, N.Y. (Jeanine C. Driscoll of counsel), for respondent.

Before: HOWARD MILLER and REINALDO E. RIVERA, JJ.

DECISION ORDER

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision ( see Schicchi v. Green Constr. Corp., 100 A.D.2d 509).

SMITH, J.P., McGINITY, H. MILLER and RIVERA, JJ., concur.