Brenner v. Steven Plumbing Supply Co., Inc.

Full title: SEYMOUR BRENNER, Appellant, v. STEVEN PLUMBING SUPPLY CO., INC., Respondent

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

Date published: May 19, 1952

279 App. Div. 1087 (N.Y. App. Div. 1952)

Opinion

May 19, 1952.

Present — Carswell, Acting P.J., Johnston, Wenzel, MacCrate and Schmidt, JJ. [See post, p. 1089.]

Appeal by plaintiff from an order opening a default in appearance. Motion to dismiss appeal, renewed on argument of appeal, granted, without costs, and appeal dismissed, with $10 costs and disbursements. If the motion to dismiss were not granted, the order would be affirmed. Plaintiff waived the right to appeal from the order. Retention of the certified check with knowledge of the provisions of the order, as proposed and as signed, constituted an acceptance of the payment provided by the decision as a condition for opening the default.