Opinion
October 21, 1996.
In an action to recover insurance premiums, the defendant appeals from (1) a decision of the Supreme Court, Nassau County (DiNoto, J.), dated January 9, 1995, which determined the plaintiffs motion for summary judgment, and (2) a judgment of the same court, entered October 3, 1995, which is in favor of the plaintiff and against it in the principal amount of $41,250.57.
Before: Rosenblatt, J. P., Thompson, Santucci and Altman, JJ.
Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision ( see, Schicchi v Green Constr. Corp., 100 AD2d 509); and it further,
Ordered that the judgment is affirmed; and it is further, Ordered that the plaintiff is awarded one bill of costs.
The defendant has failed to raise a triable issue of fact ( see, CPLR 3212 [b]) as to the amount it owed the plaintiff in insurance premiums pursuant to the terms of the agency agreement into which the parties entered.