Opinion
April 8, 1996
Appeal from the Supreme Court, Dutchess County (Jiudice, J.).
Ordered that the appeal from the decision is dismissed since no appeal lies from a decision ( see, Schicchi v. Green Constr. Corp., 100 A.D.2d 509); and it is further,
Ordered that the order and judgment is modified, on the facts, by deleting therefrom the sum of $51,585.06, and substituting therefor the sum of $62,727.56; as so modified, the judgment is affirmed; and it is further,
Ordered that the plaintiff is awarded one bill of costs.
There is no merit to the appellants-respondents' contention that the plaintiff's action was time barred since the relevant limitations period set forth in State Finance Law § 137 (4) (b) was tolled ( see, CPLR 205).
Likewise, there is no merit to the appellants-respondents' contention that the Supreme Court erroneously granted the plaintiff's motion for summary judgment. The plaintiff established its entitlement to judgment as a matter of law, and the appellants-respondents failed to raise any triable issues of fact ( see, Zuckerman v. City of New York, 49 N.Y.2d 557). However, the court should have awarded the plaintiff the full amount that it sought to recover because the plaintiff proved its entitlement to that amount.
The parties' remaining contentions lack merit. Thompson, J.P., Sullivan, Pizzuto and McGinity, JJ., concur.