Bazerman v. Gan-Thi Enterprises, Inc.

Full title: MARK BAZERMAN et al., Plantiffs, v. GAN-THI ENTERPRISES, INC., Defendant…

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

Date published: Jan 11, 1993

189 A.D.2d 744 (N.Y. App. Div. 1993)

592 N.Y.S.2d 425

Opinion

January 11, 1993

Appeal from the Supreme Court, Kings County (Shaw, J.).

Ordered that the appeal is dismissed, with one bill of costs.

Since the appellant accepted payment of the sanction imposed and thereby derived a benefit from the order appealed from, the appeal must be dismissed (Chirkis v. E.F. Hutton Co., 155 A.D.2d 411; Rosner v. East Nassau Med. Group, 119 A.D.2d 563; Carmichael v. General Elec. Co., 102 A.D.2d 838; Mosera v. City of New York, 93 A.D.2d 833). Mangano, P.J., Thompson, Bracken and Lawrence, JJ., concur.