Gamma Realty, LLC v Sergey Plotits
Motion No: 2017-01271 KC
Slip Opinion No: 2018 NY Slip Op 65198(U)
Decided on February 15, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

BERNICE D. SIEGAL, JJ.

DECISION & ORDER ON MOTION

2017-1271 K C
Gamma Realty, LLC, Appellant, v Sergey Plotits, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County, entered March 28, 2017.

On the court's own motion, it is

ORDERED that the appeal is dismissed, as by accepting the benefit of the order, 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]).

ENTER:

Paul Kenny

Chief Clerk