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710 LINDEN, LLC v. BROWN

4 A.D.3d 522 (2004)

771 N.Y.S.2d 728

710 LINDEN, LLC, Respondent, v. DAVID BROWN, Appellant.

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

February 23, 2004.

Ordered that the appeal is dismissed, with costs.

As a general rule, we do not consider any issue raised on a subsequent appeal that was raised, or could have been raised on a prior appeal which 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 350 [1976...

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