Ordered that the appeal is dismissed, with costs.
The motion of the defendants Alert Coach Lines, Inc. and Jane Weber, to vacate their default in answering the complaint was granted by the Supreme Court on condition that they pay to the plaintiff the sum of $500 as and for costs. It appears that (1) those defendants thereafter tendered a $500 check made payable to the plaintiff and her attorney, and (2) the check was endorsed and deposited. Under these circumstances, the acceptance and retention of the costs awarded by the court operates as a waiver of plaintiff's right to appeal (N J Foods v Shopwell Plaza Corp., 63 A.D.2d 899; Harris v Resnikoff, 118 A.D.2d 622). Mangano, J.P., Bracken, Spatt and Harwood, JJ., concur.