Appeal dismissed, without costs.
By retaining the check for costs imposed on plaintiffs as a condition for denial of defendant's motion, defendant has waived the right to appeal. (Carll v. Oakley, 97 N.Y. 633; Clair Marcelle, Inc., v. Agfa Ansco Corp., 250 App. Div. 508; Brenner v. Steven Plumbing Supply Co., 279 App. Div. 1087; see, also, Farmers' Loan & Trust Co. v. Bankers Merchants' Tel. Co.,...
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