PROHEALTH CARE ASSOCIATES, LLP, APPELLANT-res, v. HENRY K. PRINCE, ETC. def-res, EMILY S. BROOKS, res-res

PROHEALTH CARE ASSOCIATES, LLP, APPELLANT-res, v. HENRY K. PRINCE, ETC. def-res, EMILY S. BROOKS, res-res — (INDEX NO. 8712/00)In an action, inter alia, to recover damages for breach of fiduciary duty, the plaintiff appeals (1) from a decision of the Supreme Court, Nassau County (McCarty III, J.), entered December 23, 2010, made after a nonjury trial, (2), as limited by its brief, from so much of an order of the same court entered February 28, 2011, as denied its motion pursuant to CPLR 4404(b) to set aside so much of the decision as found that the cause of action to recover damages for breach of fiduciary duty must be dismissed and that the defendant Emily S. Brooks was entitled to an award of severance compensation pursuant to the parties' partnership agreement, and (3), as limited by its brief, from so much of a judgment of the same court entered March 11, 2011, as, upon the decision and the order, is in favor of the defendant Emily S. Brooks and against it on her counterclaim in the principal sum of $60,645.15 and dismissing the cause of action to recover damages for breach of fiduciary duty, and the defendant Emily S. Brooks cross-appeals, as limited by her brief, from so much of the same judgment as, upon the decision, and upon, in effect, so much of the order as denied that branch of her motion, made jointly with the defendant Henry K. Prince, which was pursuant to CPLR 4404(b) to set aside so much of the decision as found that she was not entitled to an award of an attorney's fee, is in favor of the plaintiff and against her dismissing her counterclaim for an award of an attorney's fee pursuant to the parties' partnership agreement.

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PROHEALTH CARE ASSOCIATES, LLP, APPELLANT-res, v. HENRY K. PRINCE, ETC. def-res, EMILY S. BROOKS, res-res — (INDEX NO. 8712/00)In an action, inter alia, to recover damages for breach of fiduciary duty, the plaintiff appeals (1) from a decision of the Supreme Court, Nassau County (McCarty III, J.), entered December 23, 2010, made after a nonjury trial, (2), as limited by its brief, from so much of an order of the same court entered February 28, 2011, as denied its motion pursuant to CPLR 4404(b) to set aside so much of the decision as found that the cause of action to recover damages for breach of fiduciary duty must be dismissed and that the defendant Emily S. Brooks was entitled to an award of severance compensation pursuant to the parties’ partnership agreement, and (3), as limited by its brief, from so much of a judgment of the same court entered March 11, 2011, as, upon the decision and the order, is in favor of the defendant Emily S. Brooks and against it on her counterclaim in the principal sum of $60,645.15 and dismissing the cause of action to recover damages for breach of fiduciary duty, and the defendant Emily S. Brooks cross-appeals, as limited by her brief, from so much of the same judgment as, upon the decision, and upon, in effect, so much of the order as denied that branch of her motion, made jointly with the defendant Henry K. Prince, which was pursuant to CPLR 4404(b) to set aside so much of the decision as found that she was not entitled to an award of an attorney’s fee, is in favor of the plaintiff and against her dismissing her counterclaim for an award of an attorney’s fee pursuant to the parties’ partnership agreement.

ORDERED that the appeal from the decision is dismissed, as no appeal lies from a decision (see Schicchi v. J.A. Green Constr. Corp., 100 AD2d 509, 509-510); and it is further,

PROHEALTH CARE ASSOCIATES, LLP, APPELLANT-res, v. HENRY K. PRINCE, ETC. def-res, EMILY S. BROOKS, res-res

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