Hamilton v Khalife (2003 NY Slip Op 19717)

Hamilton v Khalife

2003 NY Slip Op 19717 [2 AD3d 682]

December 22, 2003

Appellate Division, Second Department

As corrected through

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 25, 2004

Lynda Hamilton, Plaintiff,
v
Michael Khalife, Appellant, and BMW Financial Services N.A., Inc., Respondent, et al., Defendants. (And Other Actions.)

—In an action to recover damages for personal injuries, the defendant Michael Khalife appeals from a decision of the Supreme Court, Nassau County (Lockman, J.H.O.), dated December 18, 2002, which found that the indemnity clause of a certain lease issued by the defendant BMW Financial Services, N.A., Inc., was enforceable pursuant to CPLR 4544.

Ordered that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509 [1984]). Smith, J.P., McGinity, H. Miller and Rivera, JJ., concur.