| Tzifil Realty Corp. v Marisol Rodriguez |
| Motion No: 2018-00726 KC |
| Slip Opinion No: 2018 NY Slip Op 91358(U) |
| Decided on December 10, 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
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Tzifil Realty Corp., Appellant, v Marisol Rodriguez, Respondent. |
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