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WORTHINGTON v. PEACOCK DEV.

250 A.D.2d 764 (1998)

672 N.Y.S.2d 780

Joseph W. Worthington et al., Respondents, v. Peacock Development et al., Defendants, and R.P.C. Main Street Corp., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 18, 1998

Ordered that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision (see, Schicchi v Green Constr. Corp., 100 A.D.2d 509); and it is further,

Ordered that the order is modified, on the law, by deleting therefrom the provision, in effect, denying that branch of the appellant's cross motion which was to stay the action and compel arbitration, and substituting therefor...

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