Legal Opinion
Rubeo v. National Grange Mutual Insurance
New York Court of Appeals
Decided October 14, 1999PublishedCited by 237 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
The core question before us is a practice issue that has recurred in varying forms: what is the consequence of abandoning an appeal and then, later in the litigation, filing a second appeal presenting the same issue? Consistent with our precedents, we conclude that the Appellate Division, in the circumstances presented, correctly dismissed the second appeal.
On March 31, 1990, plaintiff Thomas Rúbeo contracted with Bedford Construction Management Corporation to build a house in Katonah, New York. Defendant National Grange Mutual Insurance Company (NGM)…
2Cases cited12 opinions
- Bray v. CoxNew York Court of Appeals · 1976
- People v. GreenNew York Court of Appeals · 1982
- Faricelli v. TSS Seedman's, Inc.New York Court of Appeals · 1999
- People v. CorleyNew York Court of Appeals · 1986
- 3092 Realty Corp. v. CallawayNew York Court of Appeals · 1997
7 more not listed; retrieve them via the Exa API.
3Cited by237 opinions
- Faricelli v. TSS Seedman's, Inc.New York Court of Appeals · 1999
- Hamlet at Willow Creek Development Co. v. Northeast Land Development Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Malay v. City of SyracuseNew York Court of Appeals · 2015
- Franco v. BreceusAppellate Division of the Supreme Court of the State of New York · 2010
- Mulcahy v. MulcahyAppellate Division of the Supreme Court of the State of New York · 2001
232 more not listed; retrieve them via the Exa API.