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GIHON, LLC v. 501 SECOND STREET, LLC

29 A.D.3d 630 (2006)

814 N.Y.S.2d 729

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 is affirmed insofar as appealed from, with costs.

It is well settled that a litigant may not raise any issue on 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, 38 N.Y.2d 350 [1976]). Here, the defendant appealed from the order dated March 13, 2003. That appeal was dismissed for lack of prosecution. We decline...

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