N & J FOODS, INC. v. SHOPWELL PLAZA CORP.


63 A.D.2d 899 (1978)

N & J Foods, Inc., Doing Business as Arthur Treacher's Fish & Chips, Appellant, v. Shopwell Plaza Corp. et al., Respondents, et al., Defendants

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

June 13, 1978


Unanimously dismissed, with $40 costs and disbursements of this appeal.

It appears that within 20 days after publication of the decision, a check from defendants' insurer, payable to plaintiff and its counsel was accepted by plaintiff's attorneys and deposited in their account. The payment of that sum was imposed as a condition for granting the application to excuse the default and to vacate the judgment entered thereon. Under the circumstances the acceptance and...

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