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STALLINGS v. CITY OF NEW YORK

2010-00095.

82 A.D.3d 745 (2011)

917 N.Y.S.2d 899

PORTER STALLINGS et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided March 1, 2011.

Ordered that the order dated October 13, 2009, is affirmed, with one bill of costs payable to the defendants City of New York and Petrocelli Electric Co., Inc.

"As a general rule, we do not consider any issue raised on a subsequent appeal that was raised, or could have been raised, in an earlier appeal that was dismissed for lack of prosecution, although we have the inherent jurisdiction to do so" (Man Choi Chiu v Chiu, 67 A.D.3d 975<...

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