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SABBA v. JEN KUO CHEN

12 A.D.3d 435 (2004)

783 N.Y.S.2d 826

EVELYN SABBA, Respondent, v. JEN KUO CHEN et al., Defendants, and JING CHUN-WU, Appellant.

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

November 8, 2004.

Ordered that the appeal from the order is dismissed, without costs or disbursements.

As a general rule, we do not consider any issue on a subsequent appeal that was raised, or could have been raised, in a prior appeal that was dismissed for failure to prosecute, although we have 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...

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