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 A.D.2d 509); and it is further,
ORDERED that the order is reversed, on the law, the motion is denied, and the complaint is reinstated; and it is further,
ORDERED that one bill of costs is awarded to the plaintiff.
There are issues of fact requiring the denial of summary judgment (see Chambers v. Maury Povich Show, 285 A.D.2d 440).
SANTUCCI, J.P., ALTMAN, FLORIO AND S. MILLER, JJ., concur.