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PHILADELPHIA INDEM. INS. CO. v. CMTY. ASSISTANTS TRANSP., INC.

249 A.D.2d 458 (1998)

671 N.Y.S.2d 314

Philadelphia Indemnity Insurance Company, Appellant, v. Community Assistants Transportation, Inc., et al., Respondents

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

April 20, 1998

Ordered that the appeal is dismissed, with costs.

The defendants' assertion that the $750 sanction imposed by the court as a condition for vacating their default has been timely paid was not disputed by the plaintiff. It is well settled that when costs are imposed as a condition for granting relief, a party's "`"acceptance of the costs will be held to waive the right to appeal"'" (Harris v Resnikoff, 118 A.D.2d 622, 623;...

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