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MIDLANTIC COMMERCIAL LEASING CORP. v. LEVIN

22 A.D.3d 727 (2005)

803 N.Y.S.2d 122

MIDLANTIC COMMERCIAL LEASING CORP., Respondent, v. ISAAC LEVIN, Appellant, et al., Defendant.

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

October 24, 2005.

Ordered that the appeal is dismissed, with costs.

As a general rule, we do not consider any issues raised on a subsequent appeal that were raised, or could have been raised, in a prior appeal that was dismissed for lack of prosecution (see Bray v. Cox, 38 N.Y.2d 350, 353 [1976]), although we have the inherent discretion to consider such issues (see Rubeo v. National Grange Mut. Ins. Co., 93 N.Y.2d...

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