COLEMAN v. PADGETT


35 A.D.2d 695 (1970)

Helen M. Coleman, Appellant, v. Donald Padgett, Individually and as Executor of Florence Wood, Deceased, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

October 6, 1970


Respondents shall recover of the appellant one bill of $30 costs and disbursements of the appeals. It appears that on March 30, 1970, plaintiff's attorney acknowledged receipt of a check for $430 in accordance with the order of March 24, 1970. That amount was imposed as a condition for granting the application to open the default. Under these circumstances, the acceptance and retention of the $430 constituted a waiver of plaintiff's right to appeal from the orders opening...

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