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MEAK v. PROPERTIES PURSUIT, INC.

2017-05282. Index No. 12140/12.

186 A.D.3d 701 (2020)

127 N.Y.S.3d 315

2020 NY Slip Op 04549

Frank Meak et al., Respondents, v. Properties Pursuit, Inc., Appellant, et al., Defendants. John Franco, Third-Party Intervenor-Respondent.

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

Decided August 19, 2020.

Ordered that the appeal is dismissed, with one bill of costs payable to the third-party intervenor-respondent.

As a general rule, this Court does not consider an issue on a subsequent appeal which was raised or could have been raised in an earlier appeal which was dismissed for failure to perfect, although this Court has the inherent jurisdiction to do so (see Rubeo v National Grange Mut. Ins. Co., 93 N.Y.2d 750 [1999]; ...

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