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Low v. Peach

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 31, 1992
179 A.D.2d 1094 (N.Y. App. Div. 1992)

Opinion

January 31, 1992

Present — Callahan, J.P., Boomer, Green, Pine and Davis, JJ. (Order entered Jan. 17, 1992.)


Motion to dismiss appeal granted. Memorandum: By cashing defendants' check for attorney's fees and costs, plaintiffs waived their right to appeal from the order granting relief from a default judgment. The acceptance by the opposing party of costs imposed as a condition of granting the relief sought operates as a waiver of the right to appeal (Dolin v. Passero-Scardetta Assocs., 110 A.D.2d 1051). Here, the court conditioned the right to enter the order upon the payment of attorney's fees and costs. Thus, the relief was granted conditionally because the order did not become effective until it was entered (see, 2 Carmody-Wait 2d, N Y Prac § 8:102, at 122; see also, Wilcox v. National Shoe Leather Bank, 67 App. Div. 466).


Summaries of

Low v. Peach

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 31, 1992
179 A.D.2d 1094 (N.Y. App. Div. 1992)
Case details for

Low v. Peach

Case Details

Full title:STEPHEN C. Low et al., Appellants, v. ROBERT E. PEACH et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jan 31, 1992

Citations

179 A.D.2d 1094 (N.Y. App. Div. 1992)

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