Ordered that the appeal is dismissed, with costs.
All of the issues raised on this appeal could have been raised on the plaintiff's prior appeal from the order dated September 23, 2004 granting the defendant's motion for summary judgment dismissing the complaint, which appeal was dismissed by this Court on July 7, 2005, for failure to prosecute. The dismissal of that appeal constituted an adjudication on the merits with respect to all issues that could have been raised...
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