Tzifil Realty Corp. v. Rodriguez

Full title: Tzifil Realty Corp., Appellant, v. Marisol Rodriguez, Respondent.

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

Date published: Dec 10, 2018

2018 N.Y. Slip Op. 91358 (N.Y. App. Term 2018)

Opinion

Motion No: 2018-00726 KC

12-10-2018

Tzifil Realty Corp., Appellant, v. Marisol Rodriguez, Respondent.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

Appeal from an order of the Civil Court of the City of New York, Kings County, entered April 4, 2018. The order conditionally granted respondent's motion to be restored to possession.

On the court's own motion, it is

ORDERED that the appeal is dismissed.

A review of the briefs on appeal indicates that appellant accepted and retained the HRA checks that were tendered pursuant to the order appealed from. Under these circumstances, appellant accepted the benefit of the order (see 220 W. 42 Assoc. v Cohen, 16 Misc 2d 983 [App Term, 1st Dept 1969]) and 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]).

ENTER:

Paul Kenny

Chief Clerk