PMV Realty, LLC v. Frederic

Full title: PMV Realty, LLC, Appellant, v. Ginette Frederic, Respondent.

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Apr 19, 2016

2016 N.Y. Slip Op. 71573 (N.Y. App. Term 2016)

Opinion

Motion No: 2014-02299 KC

04-19-2016

PMV Realty, LLC, Appellant, v. Ginette Frederic, Respondent.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Appeal from an order of the Civil Court of the City of New York, Kings County, entered August 5, 2014. The order granted the branch of respondent's motion seeking to be restored to possession and provided that appellant would accept respondent's payments without prejudice to its right to appeal.

On the court's own motion, it is

ORDERED that the appeal is dismissed.

By accepting the benefit of the order, appellant waived its right to appeal (see Cohen v Cohen, 3 NY2d 339 [1957]; Williams v Hearburg, 254 AD2d 794 [1997]; Cosmopolitan Assoc., LLC v Velasco, 28 Misc 3d 127[A], 2010 NY Slip Op 51182[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists]), notwithstanding the statement in the order purporting to preserve that right (see Reyes-Dobles v Chaudhry, 176 AD2d 1240 [1991]; Hollis Crest Assoc. v Antonucci, NYLJ, June 10, 1999 [App Term, 2d Dept, 2d & 11th Jud Dists]). In any event, appellant failed to appeal from the two prior orders granting respondent's motions to be restored to possession, rendering its appeal from the third order academic.

ENTER:

Paul Kenny

Chief Clerk