Ordered that the judgment is affirmed, with costs.
Initially, we note that the defendants previously appealed from an order dated May 26, 2010, upon which the judgment appealed from was entered. That appeal was dismissed by this Court for failure to prosecute. Although the defendants ordinarily would be precluded from relitigating the issues which could have been raised on the prior appeal (see Rubeo v National Grange Mut. Ins. Co.,
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