Opinion
April 7, 1986
Appeal from the Supreme Court, Nassau County (Robbins, J.).
Appeal dismissed, without costs or disbursements.
On oral argument, the defendants conceded that they had accepted the bill of particulars sent to them in compliance with the order of Special Term. The plaintiffs' attorney also complied with the second condition imposed by Special Term, i.e., he sent a $500 check to the defendants' attorney. Although this check was sent back by the defendants' attorney, the rejection letter accompanying the check indicated that it was not the "policy" of the defendants' attorney "to accept Court imposed costs from another attorney". Under these particular circumstances, the defendants' right to appeal was waived. Mangano, J.P., Brown, Weinstein and Spatt, JJ., concur.