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SCHLOSSBERG v. VARJABEDIAN

Appellate Division of the Supreme Court of New York, First Department.
Jun 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 AD2d 384). In any event, were we to reach the merits, we would affirm reinstatement of the answer upon the stated condition as a proper exercise of discretion.