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RUIZ v. GRIFFIN

50 A.D.3d 1005 (2008)

856 N.Y.S.2d 641

JOSE RUIZ, Respondent, v. KEVIN GRIFFIN, Defendant, PCM DEVELOPMENT, INC., et al., Respondents, and OLD NAVY, INC., Appellant. (And a Third-Party Action.)

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

Decided April 22, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

Initially, we note that a previous appeal by Old Navy, Inc. (hereinafter Old Navy), from the order dated June 22, 2006 was dismissed by decision and order on motion of this Court dated August 13, 2007, for failure to prosecute (see 22 NYCRR 670.8 [h]). Although Old Navy ordinarily would be precluded from relitigating on this appeal issues that...

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