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GIHON, LLC v. 501 SECOND STREET, LLC

29 A.D.3d 628 (2006)

815 N.Y.S.2d 656

GIHON, LLC, Respondent, v. 501 SECOND STREET, LLC, Appellant.

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

May 9, 2006.

Ordered that the order dated October 22, 2003 is affirmed insofar as appealed from; and it is further,

Ordered that the money judgment is affirmed; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

It is well settled that a litigant may not raise any issue on a subsequent appeal which was raised, or could have been raised, in an earlier appeal which was dismissed for lack of prosecution (see Bray v Cox,

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