Green v. Jereissati
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by Louis Green against Rasheed M. Jereissati. From an order opening a judgment by default, and from a judgment subsequently entered by direction of the court, plaintiff appeals.
1Opinion of the CourtGuy, J.
Plaintiff appeals from an order opening on terms a judgment by default in favor of plaintiff, and from a judgment subsequently entered by direction of the court after a trial without a jury; the appeal from the judgment being on the ground that it is insufficient in amount.
[1] It is unnecessary to consider at length the appeal from the order opening the default, for the reason that plaintiff must be deemed to have waived his right of appeal by accepting and retaining the costs fixed by the court as terms for the granting of the motion. Having accepted benefits flowing from the order,…
2Cases cited2 opinions
- Silver & Co. v. WatermanAppellate Division of the Supreme Court of the State of New York · 1908
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by1 opinion
- Colvin v. GoldenbergSupreme Court of Rhode Island · 1966