Legal Opinion
Gallagher v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
Decided March 6, 2000PublishedCited by 3 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendant New York City Transit Authority appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (LeVine, J.), dated December 15, 1998, as, upon reargument, granted the plaintiffs leave to amend their bill of particulars.
Ordered that the appeal is dismissed, with costs to the respondent.
It is well settled that a litigant may not raise any issue on a subsequent appeal which was raised, or could have been raised, in an earlier appeal which was dismissed for lack of prosecution (see, Bray v Cox,…
2Cases cited3 opinions
- Bray v. CoxNew York Court of Appeals · 1976
- Rubeo v. National Grange Mutual InsuranceNew York Court of Appeals · 1999
- TPZ Corp. v. TsoukasAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by3 opinions
- Mulcahy v. MulcahyAppellate Division of the Supreme Court of the State of New York · 2001
- Gammal v. La Casita Milta, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Aames Capital Corp. v. DavisAppellate Division of the Supreme Court of the State of New York · 2002