Douglas Smith Fabrication & Repair v. Gasthaus

In an action brought by motion pursuant to CPLR 3213 for summary judgment in lieu of complaint to recover on a promissory note, the plaintiff appeals from (1) an order of the Supreme Court, Suffolk County (Cacciabaudo, J.), dated October 17, 1997, which denied his motion for summary judgment in lieu of complaint and granted the defendants’ cross motion to dismiss the action on the ground of lack of personal jurisdiction, and (2) a decision of the same court, dated December 4, 1997.

Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see, Schicchi v Green…