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Shenier v Mahdessian
2003 NY Slip Op 51538(U)
Decided on October 27, 2003
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the Official Reports.


Decided on October 27, 2003
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT:ARONIN, J. P., PATTERSON and GOLIA, JJ.
NO. 2003-43 Q C

RICHARD S. SHENIER d/b/a SHENIER & O'CONNOR, Appellant,

against

JOHN MAHDESSIAN & PREMIERIAN SYSTEMS, INC., Respondents.


Appeal by plaintiff from a decision dated November 15, 2001 and from that portion of a judgment of the Civil Court, Queens County (K. Kerrigan, J.), entered March 15, 2002, as "dismiss[ed] the cause of action against defendant John Mahdessian."


Appeal from decision unanimously dismissed.

Appeal from judgment unanimously dismissed.

Inasmuch as plaintiff purports to appeal from that portion of the judgment as dismissed the cause of action against the individual defendant, and said judgment contains no such provision, but rather awards plaintiff judgment against the corporate co-defendant, the appeal from the judgment insofar as it only raises issues with respect to the individual defendant must be dismissed. We further note that no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).

The appropriate remedy for plaintiff is to seek amendment of the judgment in the court below, in order that the judgment reflect that the action was dismissed against the individual defendant, and then for plaintiff to appeal from the amended judgment.
Decision Date: October 27, 2003