Ordered that the judgment is affirmed, with costs.
Initially, we note that the plaintiffs previously appealed from the order dated October 15, 2012, upon which the judgment appealed from was entered. That appeal was dismissed by a decision and order on motion of this Court dated August 5, 2013, for failure to timely perfect. While the plaintiffs ordinarily would be precluded from relitigating the issues which could have been raised on the prior appeal (see Rubeo...
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