Legal Opinion
Deller v. Mercy Medical Center
Appellate Division of the Supreme Court of the State of New York
Decided August 30, 2011PublishedCited by 3 opinions
1Opinion of the Court
As 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 the Court has the inherent jurisdiction to do so (see Rubeo v National Grange Mut. Ins. Co., 93 NY2d 750 [1999]; Bray v Cox, 38 NY2d 350 [1976]). The plaintiff appealed from a judgment entered January 12, 2009, which upon, inter alia, an order of the Supreme Court, Nassau County, entered October 4, 2005, denying the plaintiffs motion to restore the action to the trial calendar, dismissed the complaint…
2Cases cited6 opinions
- Bray v. CoxNew York Court of Appeals · 1976
- Rubeo v. National Grange Mutual InsuranceNew York Court of Appeals · 1999
- Blue Chip Mortgage Corp. v. StrumpfAppellate Division of the Supreme Court of the State of New York · 2008
- Hepner v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
- Talt v. MurphyAppellate Division of the Supreme Court of the State of New York · 2006
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3Cited by3 opinions
- Kapsis v. PeragineAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Curtis & Assoc., P.C. v. CallaghanAppellate Division of the Supreme Court of the State of New York · 2014
- Kapsis v. PeragineAppellate Division of the Supreme Court of the State of New York · 2012