Brenner v. Steven Plumbing Supply Co.

279 A.D. 1087 | N.Y. App. Div. | 1952

If the motion to dismiss were not granted, the order would be affirmed. Plaintiff waived the right to appeal from the order. Retention of the certified ehec-k with knowledge of the provisions of the order, as proposed and as signed, constituted an acceptance of the payment provided by the decision as a condition for opening the default. Present — Carswell, Acting P. J., Johnston, Wenzel, MaeCrate and Schmidt, JJ. [See post, p. 1089.]