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GIHON, LLC v. 501 SECOND STREET, LLC

2008-01057.

77 A.D.3d 708 (2010)

908 N.Y.S.2d 611

GIHON, LLC, Respondent, v. 501 SECOND STREET, LLC, et al., Appellants. NORMA VIGO, Intervenor-Respondent.

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

Decided October 12, 2010.

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

A litigant may not raise any issue on a subsequent appeal which was raised, or could have been raised, on an earlier appeal which was dismissed for lack of prosecution (see Bray v Cox, 38 N.Y.2d 350 [1976]). Here, the defendant 501 Second Street, LLC, appealed from an order of the Supreme Court, Kings...

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