Appellate Division of the Supreme Court of New York, 1952

Brenner v. Steven Plumbing Supply Co.

Brenner v. Steven Plumbing Supply Co.
Appellate Division of the Supreme Court of New York · Decided May 19, 1952
279 A.D. 1087; 112 N.Y.S.2d 746; 1952 N.Y. App. Div. LEXIS 5928
Brenner v. Steven Plumbing Supply Co.

Opinion of the Court

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 ehec-k 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. Present — Carswell, Acting P. J., Johnston, Wenzel, MaeCrate and Schmidt, JJ. [See post, p. 1089.]

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