Ordered that appeal is dismissed, with costs to the plaintiff-respondent.
The appeal from so much of the order dated April 4, 2005, as, upon reargument, adhered to a prior determination in an order dated January 28, 2005, must be dismissed. As a general rule, we do not consider an issue raised on a subsequent appeal that was raised, or could have been raised, in an earlier appeal which was dismissed for lack of prosecution, although we have inherent jurisdiction to...
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