Appeal from the decision dismissed. No appeal lies from a decision. Interlocutory judgment affirmed.
Defendant is awarded one bill of $50 costs and disbursements to cover both appeals. The tenant agreement between the parties is nothing more than a licensing agreement. Under the terms of that agreement, and by its common-law right as a licensor, Westair could cancel the said agreement at will and without cause (see Lordi v County of Nassau, 20 A.D.2d 658). Plaintiff has no third-party beneficiary rights, as any benefit derived by him from the concession and subconcession agreements was only an incidental benefit, not a primary one. Defendant gave no indication of an intent to assume the duty of reparation to a member of the public for the loss of any benefit incidental to the public (see Moch Co. v Rensselaer Water Co., 247 N.Y. 160).