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MATTER OF 38 PARK AVENUE ASSOCIATION, LLC v. TWEEDY

33 A.D.3d 807 (2006)

822 N.Y.S.2d 454

In the Matter of 38 PARK AVENUE ASSOCIATION, LLC, et al., Appellants, v. DAVID B. TWEEDY et al., Respondents.

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

Decided October 17, 2006.

Ordered that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 A.D.2d 509 [1984]); and it is further,

Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings and a new determination...

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