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GAMMAL v. LA CASITA MILTA, INC.

278 A.D.2d 364 (2000)

718 N.Y.S.2d 622

CHARLES GAMMAL et al., Appellant, v. LA CASITA MILTA, INC., Respondent.

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

Decided December 18, 2000.

Ordered that the appeal is dismissed, with costs.

The plaintiffs' appeal from the order dated August 4, 1999, denying their motion for summary judgment (App Div Docket No. 1999-09320) was dismissed for failure to prosecute by decision and order of this Court dated June 13, 2000. A litigant may not raise an issue on a subsequent appeal which could have been raised on a prior appeal that was dismissed for lack of prosecution (see, Bray v Cox,

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