Connor v. Aga

Appellate Division of the Supreme Court of New York

Connor v. Aga

152 A.D.2d 943, 544 N.Y.S.2d 742, 1989 N.Y. App. Div. LEXIS 9813

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 12, 1989

StatusPublished

This text of 152 A.D.2d 943 (Connor v. Aga) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Connor v. Aga, 152 A.D.2d 943, 544 N.Y.S.2d 742, 1989 N.Y. App. Div. LEXIS 9813 (N.Y. Ct. App. 1989).

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Opinion

Order unanimously affirmed without costs. Memorandum: We affirm Special Term’s order that denied defendant’s motion for summary judgment conditioned upon plaintiff’s payment of $2,026.50 to defendant for attorney’s fees and disbursements. Defendant’s cross appeal must be dismissed. Subsequent to the entry of Special Term’s order on January 28, 1988, defendant’s counsel accepted and retained checks tendered by plaintiff’s attorney in the total sum of $2,026.50. Defendant’s acceptance and retention of the monetary sanction operated as a waiver of his right to appeal (see, Dolin v Passero-Scardetta Assocs., 110 AD2d 1051). (Appeals from order of Supreme Court, Onondaga County, Grow, J. — vacate note of issue.) Present — Boomer, J. P., Pine, Balio, Lawton and Davis, JJ.

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Order unanimously affirmed without costs. Memorandum: We affirm Special Term’s order that denied defendant’s motion for summary judgment conditioned upon plaintiff’s payment of $2,026.50 to defendant for attorney’s fees and disbursements. Defendant’s cross appeal must be dismissed. Subsequent to the entry of Special Term’s order on January 28, 1988, defendant’s counsel accepted and retained checks tendered by plaintiff’s attorney in the total sum of $2,026.50. Defendant’s acceptance and retention of the monetary sanction operated as a waiver of his right to appeal (see, Dolin v Passero-Scardetta Assocs., 110 AD2d 1051). (Appeals from order of Supreme Court, Onondaga County, Grow, J. — vacate note of issue.) Present — Boomer, J. P., Pine, Balio, Lawton and Davis, JJ.

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Bluebook (online)

152 A.D.2d 943, 544 N.Y.S.2d 742, 1989 N.Y. App. Div. LEXIS 9813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/connor-v-aga-nyappdiv-1989.

Opinion

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