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GALLAGHER v. NEW YORK CITY TRANSIT AUTHORITY

270 A.D.2d 228 (2000)

704 N.Y.S.2d 838

CHARLES GALLAGHER et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant, and CON EDISON, Respondent.

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

Decided March 6, 2000.

Ordered that the appeal is dismissed, with costs to the respondent.

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; TPZ Corp. v Tsoukas, 264 A.D.2d 837). Here, the New York City Transit Authority appealed...

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