761 N.Y.S.2d 236 | N.Y. App. Div. | 2003
—In an action, inter alia, to impose a constructive trust on real property, the plaintiff appeals from (1) a decision of the Supreme Court, Kings County (Dowd, J.), dated April 10, 2002, and (2) a judgment of the same court entered May 2, 2002, which, after a nonjury trial and upon the decision, is in favor of the defendant on her counterclaim in the principal sum of $48,608.28, and, in effect, dismissed the complaint.
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 [1984]); and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that one bill of costs is awarded to the respondent.
The parties’ remaining contentions are without merit. Ritter, J.P., Smith, S. Miller and Adams, JJ., concur.