| Broadway Putnam, L.P. v Sicora Whaley |
| Motion No: 2017-02316 KC |
| Slip Opinion No: 2019 NY Slip Op 66366(U) |
| Decided on March 14, 2019 |
| 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
| Broadway Putnam, L.P., Appellant, v Sicora Whaley, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered November 14, 2017. 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, 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