Columbus Realty Investment Corp. v. D & S Roofing & Siding Corp.

—In an action, inter alia, to recover damages for breach of a former receiver’s fiduciary duties and negligence, the plaintiff appeals (1) from a decision of the Supreme Court, Suffolk County (Hall, J.), dated August 7, 1997, and (2) as limited by its brief, from so much of an order of the same court dated October 22, 1997, as granted the cross motion of the former receiver to dismiss the complaint insofar as asserted against him.

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 is further,

Order…