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RUBEO v. NAT'L GRANGE MUT. INS. CO.

255 A.D.2d 306 (1998)

678 N.Y.S.2d 790

Thomas J. Rubeo, Appellant, v. National Grange Mutual Insurance Co., Respondent, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 2, 1998

Ordered that the appeal is dismissed, with costs.

The plaintiff is barred from raising the issue of the timeliness of the insurance carrier's disclaimer of coverage on this appeal. The issue could have been raised in the prior appeal from the order dated May 15, 1997, which was dismissed as abandoned (see, CPLR 5501; Bray v Cox, 38 N.Y.2d 350, 353; Marmarou v Spartan Diner, 247 A.D.2d 593

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