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Connor v. Aga

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1989
152 A.D.2d 943 (N.Y. App. Div. 1989)

Opinion

July 12, 1989

Appeal from the Supreme Court, Onondaga County, Grow, J.

Present — Boomer, J.P., Pine, Balio, Lawton and Davis, JJ.


Order unanimously affirmed without costs. Memorandum: We affirm Special Term's order that denied defendant's motion for summary judgment conditioned upon plaintiff's payment of $2,026.50 to defendant for attorney's fees and disbursements. Defendant's cross appeal must be dismissed. Subsequent to the entry of Special Term's order on January 28, 1988, defendant's counsel accepted and retained checks tendered by plaintiff's attorney in the total sum of $2,026.50. Defendant's acceptance and retention of the monetary sanction operated as a waiver of his right to appeal (see, Dolin v Passero-Scardetta Assocs., 110 A.D.2d 1051).


Summaries of

Connor v. Aga

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1989
152 A.D.2d 943 (N.Y. App. Div. 1989)
Case details for

Connor v. Aga

Case Details

Full title:JAMES CONNOR, JR., Appellant-Respondent, v. GHIATH Y. AGA, Also Known as…

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

Date published: Jul 12, 1989

Citations

152 A.D.2d 943 (N.Y. App. Div. 1989)
543 N.Y.S.2d 823