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SCHULMAN v. LEVY SONET & SIEGEL

276 A.D.2d 384 (2000)

714 N.Y.S.2d 676

STEPHEN B. SCHULMAN, Respondent, v. LEVY SONET & SIEGEL, Appellant.

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

Decided October 19, 2000.

Defendant waived its right to appeal by accepting and depositing the $3,000 check tendered by plaintiff in compliance with the condition in the order on appeal (see, N & J Foods v Shopwell Plaza Corp., 63 A.D.2d 899). It does not avail defendant to argue that the check was deposited into its escrow account, when defendant did not notify plaintiff of such deposit until after the appeal...

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