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DIXON v. 919 REALTY CORPORATION

308 A.D.2d 471 (2003)

764 N.Y.S.2d 637

TORRELL DIXON et al., Appellants, v. 919 REALTY CORPORATION, Respondent.

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

Decided September 15, 2003.

Ordered that the appeal is dismissed, with costs.

As a general rule, this Court does not consider any issue raised on a subsequent appeal that was raised, or could have been raised, in an earlier appeal which was dismissed for lack of prosecution, although this Court has the inherent jurisdiction to do so (see Rubeo v National Grange Mut. Ins. Co., 93 N.Y.2d 750 [1999]; Bray v Cox, 38 N.Y.2d 350

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