Andrusier v. Chase Manhattan Bank, N.A.

Full title: DEBORAH ANDRUSIER, Appellant, v. CHASE MANHATTAN BANK, N.A., Respondent

Court: Appellate Term of the Supreme Court of New York, Second Department

Date published: Sep 16, 2005

2005 N.Y. Slip Op. 51470 (N.Y. App. Term 2005)

806 N.Y.S.2d 443

Opinion

2004-1601 KC.

Decided September 16, 2005.

Appeal from an order of the Civil Court of the City of New York, Kings County (Ellen M. Spodek, J.), entered September 27, 2004. The order granted defendant's motion to vacate a default judgment.

Appeal unanimously dismissed.

PRESENT: PATTERSON, J.P., RIOS and BELEN, JJ.

Where a party accepts the benefit of an order, he or she waives the right to appeal therefrom ( Harris v. Resnikoff, 118 AD2d 622, 623). If costs are imposed as a condition for granting relief, accepting payment of said costs will constitute a waiver of the right to appeal from such an order because one may not secure the benefits therefrom and at the same time seek review from it ( Harris, 118 AD2d at 623; see Gohery v. Spartan Concrete Corp., 85 AD2d 678, affd 56 NY2d 786).