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Appellate Term, Second Department: March 26, 2019

Appellate Term, Second Department: March 26, 2019

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Second, Eleventh and Thirteenth JudicIal DistrictsCases released on March 26, 2019

By: Pesce, P.J., Aliotta, Elliot, JJ.2017-2316 K C. BROADWAY PUTNAM, L.P. v. WHALEY — Appeal from an order of the Civil Court of the City of New York, Kings County, entered November 14, 2017. The order conditionally granted respondent’s motion to be restored to possession.On the court’s own motion, it isORDERED that the appeal is dismissed, as by accepting the benefit of the order, appellant waived its right to appeal therefrom (see Burkwit v. Olson, 98 AD3d 1236, 1238 [2012]; HPS Holdings Co., LLC v. AL & Assoc., LLC, 10 Misc 3d 135[A], 2005 NY Slip Op 52103[U] [App Term, 2d & 11th Jud Dists 2005]; Crystal Ridge Assoc. v. Pascal, 2003 NY Slip Op 50669[U] [App Term, 2d & 11th Jud Dists 2003]).March 14, 2019

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