| Cardinal Props., LLC v Anthony Buchanan |
| Motion No: 2016-00149 KC |
| Slip Opinion No: 2018 NY Slip Op 61425(U) |
| Decided on January 4, 2018 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Cardinal Properties, LLC, Appellant, v Anthony Buchanan, Respondent, et al., Undertenants. |
Appeals from orders of the Civil Court of the City of New York, Kings County, entered December 18, 2015 and January 7, 2016. The orders granted respondent's motions to be restored to possession upon payment of the sum of $7,228, which included rent arrears and legal and marshal fees.
On the court's own motion, it is
ORDERED that the appeals are dismissed, as by accepting the benefit of the orders, appellant waived its right to appeal therefrom (see Burkwit v Olson, 98 AD3d 1236, 1238 [2012]; HPS Holdings Co., LLC v AL & Assoc., LLC, 10 Misc 3d 135[A], 2005 NY Slip Op 52103[U] [App Term, 2d & 11th Jud Dists 2005]; Crystal Ridge Assoc. v Pascal, 2003 NY Slip Op 50669[U] [App Term, 2d & 11th Jud Dists 2003]).
Pesce, P.J., and Aliotta, J., concur.
Solomon, J., taking no part.
ENTER:
Paul Kenny
Chief Clerk