Opinion
2011-2374 K C
07-17-2012
Val Partnership, LLC Also Known as Val, LLC, Appellant, v. Metropolitan Cleaners, Inc., Respondent.
, P.J.
JAIME A. RIOS
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Civil Court of the City of New York, Kings County, entered June 8, 2011. Respondent has submitted a brief on appeal in which it argues that appellant may not maintain this appeal because appellant accepted the benefit of the order appealed from by accepting a cashier's check for $27,400. By order to show cause dated June 8, 2012, the parties were ordered to show cause before this court why the above-entitled appeal should not be dismissed on the ground that appellant had waived its right to appeal from the order by accepting the benefit thereof.
Now, upon the order to show cause and upon the papers filed by appellant in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed.
The order appealed from extended to August 8, 2011 respondent's time to make a second payment of $25,000 due under a stipulation, with the provision that respondent pay appellant $2,400 in costs and attorney's fees by August 8, 2011. By accepting respondent's cashier's check for $27,400, appellant waived its right to appeal from the order (see Cohen v Cohen, 3 NY2d 339 [1957]; Plaisted v County of Allegany, 249 AD2d 997 [1998]; Harris v Resnikoff, 18 AD2d 622 [1986]).
Pesce, P.J., Rios and Aliotta, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk