Tormey v. Shell Oil Co.

In an action to recover damages for personal injuries, the plaintiff appeals from (1) a decision of the Supreme Court, Dutchess County (Dolan, J.), dated April 18, 2002, and (2) a judgment of the same court, dated April 24, 2002, which, upon granting the defendants’ motion pursuant to CPLR 4401 made at the close of the plaintiffs case for judgment as a matter of law, is in favor of the defendants and against him dismissing 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…