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SCHLOSSBERG v. VARJABEDIAN

19 A.D.3d 171 (2005)

795 N.Y.S.2d 891

IDA SCHLOSSBERG, Appellant, v. YERVANT VARJABEDIAN, Defendant, and BRENDA TANGUAY, Respondent.

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

June 9, 2005.

Plaintiff waived her right to appeal by accepting and depositing the $250 check tendered by defendant in compliance with the condition in the order on appeal (Schulman v Levy Sonet & Siegel, 276 A.D.2d 384 [2000]). In any event, were we to reach the merits, we would affirm reinstatement of the answer upon the stated condition as a proper exercise...

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