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TPZ CORPORATION v. TSOUKAS

264 A.D.2d 837 (1999)

695 N.Y.S.2d 408

TPZ CORPORATION, Respondent, v. STEVEN TSOUKAS, Appellant, et al., Defendants.

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

Decided September 27, 1999.

Ordered that the appeals are dismissed, with one bill of costs to the plaintiff.

It is well settled that a litigant may not raise any issue on a subsequent appeal which was raised, or could have been raised, in an earlier appeal which was dismissed for lack of prosecution (see, Bray v Cox, 38 N.Y.2d 350; Hind v Palermo, 262 A.D.2d 285). Here the appellant had appealed from a prior...

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