[*1]
Williams v Scott-Jones
2005 NYSlipOp 51096(U)
Decided on July 13, 2005
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on July 13, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM P. McCOOE, J.P.
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
570055/05

Susan Williams, Plaintiff-Appellant,

against

Electra Scott-Jones, BALJINDER BOPARAI and BALJINDER SINGH, Defendants-Respondents.


Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County, dated August 3, 2004 (Julia I. Rodriguez, J.) which granted a motion by defendants Boparai and Singh to vacate a default judgment on condition that defendants' counsel pay plaintiff's counsel $700.


PER CURIAM:

Appeal from order dated August 3, 2004 (Julia I. Rodriguez, J.) dismissed, without costs.

Subsequent to the entry of the order on appeal, plaintiff's counsel accepted and deposited a $700 check tendered by defense counsel in compliance with the condition set out in the order. Plaintiff's acceptance and retention of the costs awarded by the motion court operates as a waiver of the right to appeal (see Schulman v Levy Sonet & Siegel, 276 AD2d 384 [2000]; N&J Foods v Shopwell Plaza Corp., 63 AD2d 899 [1978]). In any event, were we to reach the merits, we would affirm the conditional grant of vacatur relief as an appropriate exercise of discretion. [*2]

This constitutes the decision and order of the court.
Decision Date: July 13, 2005