In Sonju v. Continental Garage Management Corp. (108 AD2d 671, 485 N.Y.S.2d 539), Special Term vacated a default judgment and permitted the defendants to serve an answer upon condition that defendants tender a check for $ 1,500 to plaintiff. Although plaintiff's attorney accepted and cashed the check, defendants' answer was rejected, apparently because it was served after the deadline set by the court, and the judgment was reinstated. After Special Term refused to vacate the reinstated default judgment, defendants appealed. In reversing the lower court, the Appellate Division, First Department, noted that the payment of the $ 1,500 and service of an answer were to be simultaneous and, therefore, because the condition was a joint one, "plaintiff may not accept the benefit of tender of the check while rejecting tender of the answer, even if tardy" (at 671).