MACK-CALI REALTY, L.P. APPELLANTS-res, v. EVERFOAM INSULATION SYSTEMS, INC., RESPONDENT-ap

MACK-CALI REALTY, L.P. APPELLANTS-res, v. EVERFOAM INSULATION SYSTEMS, INC., RESPONDENT-ap — (INDEX NO. 15778/08)In an action to recover damages for breach of contract and negligence, the plaintiffs appeal from (1) a decision of the Supreme Court, Westchester County (O. Bellantoni, J.), dated March 25, 2013, made after a nonjury trial, (2) a judgment of the same court entered April 15, 2013, and (3) an amended judgment of the same court entered June 11, 2013, which, upon a decision and order (one paper) of the same court entered May 9, 2013, inter alia, denying those branches of their motion which were pursuant to CPLR 4404(b) for judgment in their favor on the cause of action alleging breach of contract, for an award of prejudgment interest from April 1, 2008, and for an award of attorney's fees, and for leave to amend the pleadings to conform to the evidence adduced at trial, is in favor of them and against the defendant in the principal sum of only $555,732.20, and the defendant cross-appeals from the same judgment and amended judgment.

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MACK-CALI REALTY, L.P. APPELLANTS-res, v. EVERFOAM INSULATION SYSTEMS, INC., RESPONDENT-ap — (INDEX NO. 15778/08)In an action to recover damages for breach of contract and negligence, the plaintiffs appeal from (1) a decision of the Supreme Court, Westchester County (O. Bellantoni, J.), dated March 25, 2013, made after a nonjury trial, (2) a judgment of the same court entered April 15, 2013, and (3) an amended judgment of the same court entered June 11, 2013, which, upon a decision and order (one paper) of the same court entered May 9, 2013, inter alia, denying those branches of their motion which were pursuant to CPLR 4404(b) for judgment in their favor on the cause of action alleging breach of contract, for an award of prejudgment interest from April 1, 2008, and for an award of attorney’s fees, and for leave to amend the pleadings to conform to the evidence adduced at trial, is in favor of them and against the defendant in the principal sum of only $555,732.20, and the defendant cross-appeals from the same judgment and amended judgment.

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,

MACK-CALI REALTY, L.P. APPELLANTS-res, v. EVERFOAM INSULATION SYSTEMS, INC., RESPONDENT-ap

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