Paniccia v. Long Island Rail Road Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*367As a general rule, we do not consider any issue on a subsequent appeal that was raised, or could have been raised, on an earlier appeal which was dismissed for lack of prosecution, although we have the inherent jurisdiction to do so (see Rubeo v National Grange Mut. Ins. Co., 93 NY2d 750; Bray v Cox, 38 NY2d 350; Jelicks v Camacho, 290 AD2d 535). Here, the Long Island Rail Road Company (hereinafter the LIRR) appealed from three prior orders of the Supreme Court, Kings County (Barbaro, J.), dated May 17, 2000, May 23, 2000, and May 25, 2000, which respectively denied its motion to change venue…
2Cases cited6 opinions
- Bray v. CoxNew York Court of Appeals · 1976
- Monessen Southwestern Railway Co. v. MorganSupreme Court of the United States · 1988
- Rubeo v. National Grange Mutual InsuranceNew York Court of Appeals · 1999
- Metro-North Commuter Railroad v. BuckleySupreme Court of the United States · 1997
- Eschberger v. Consolidated Rail Corp.Appellate Division of the Supreme Court of the State of New York · 1992
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3Cited by7 opinions
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- S.K. Mortgage Holdings Limited Partnership v. SubiratsAppellate Division of the Supreme Court of the State of New York · 2006
- Kinworthy v. Soo Line RailroadCourt of Appeals of Minnesota · 2013
- Hairston v. Metro-North Commuter RailroadAppellate Division of the Supreme Court of the State of New York · 2006
2 more not listed; retrieve them via the Exa API.