Andrusier v Chase Manhattan Bank, N.A.

[*1] Andrusier v Chase Manhattan Bank, N.A. 2005 NYSlipOp 51470(U) Decided on September 16, 2005 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 September 16, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: PATTERSON, J.P., RIOS and BELEN, JJ.
2004-1601 K C

Deborah Andrusier, Appellant,

against

Chase Manhattan Bank, N.A., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Ellen M. Spodek, J.), entered September 27, 2004. The order granted defendant's motion to vacate a default judgment.

Appeal unanimously dismissed.

Where a party accepts the benefit of an order, he or she waives the right to appeal therefrom (Harris v Resnikoff, 118 AD2d 622, 623 [1986]). If costs are imposed as a condition for granting relief, accepting payment of said costs will constitute a [*2]
waiver of the right to appeal from such an order because one may not secure the benefits therefrom and at the same time seek review from it (Harris, 118 AD2d at 623; see Gohery v Spartan Concrete Corp., 85 AD2d 678 [1981], affd 56 NY2d 786 [1982]).
Decision Date: September 16, 2005