Legal Opinion
Madison Realty Capital, L.P. v. Broken Angel, LLC
Appellate Division of the Supreme Court of the State of New York
Decided June 12, 2013PublishedCited by 5 opinions
1Opinion of the Court
In an action to foreclose a mortgage, the defendant Arthur Wood appeals from a judgment of foreclosure and sale of the Supreme Court, Kings County (Bayne, J.), dated January 10, 2012, which, inter alia, directed the sale of the subject premises.
Ordered that the appeal is dismissed, without costs or disbursements.
*767As a general rule, we do not consider an issue on a subsequent appeal which was raised or could have been raised in an earlier appeal which was dismissed for lack of prosecution, although this Court has the inherent jurisdiction to do so (see Rubeo v National Grange Mut. Ins. Co., 93…
2Cases cited2 opinions
- Bray v. CoxNew York Court of Appeals · 1976
- Rubeo v. National Grange Mutual InsuranceNew York Court of Appeals · 1999
3Cited by5 opinions
- Citimortgage, Inc. v. KiddAppellate Division of the Supreme Court of the State of New York · 2017
- Wilmington Sav. Fund Socy., FSB v. IsomAppellate Division of the Supreme Court of the State of New York · 2021
- Green Tree Credit, LLC v. JelksAppellate Division of the Supreme Court of the State of New York · 2014
- JPMorgan Chase Bank, N.A. v. SchottAppellate Division of the Supreme Court of the State of New York · 2014
- US Bank, N.A. v. DaskalAppellate Division of the Supreme Court of the State of New York · 2018