Capstone Enterprises of Port Chester, Inc. v. County of Westchester

—In an action to recover damages for breach of contract, the defendant appeals from (1) a decision of the Supreme Court, Westchester County (DiBlasi, J.), dated November 30, 1999, and (2) an order of the same court dated December 3, 1999, which denied its motion for leave to amend the answer.

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,

Ordered that the order is affirmed; and it is further,

Ordered that the respondent is awarded one bill of costs.

While leave to amend a pleading…