Legal Opinion
Spiritis v. Village of Hempstead Community Development Agency
Appellate Division of the Supreme Court of the State of New York
Decided June 16, 2009PublishedCited by 5 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the defendant appeals from a judgment of the Supreme Court, Nassau County (Dana, Ct. Atty. Ref.), entered November 28, 2007, which is in favor of the plaintiff and against it in the principal sum of $410,437.14.
Ordered that the judgment is affirmed, with costs.
As a general rule, this Court does not consider an issue raised on a subsequent appeal that was or could have been raised on a prior appeal which was dismissed for lack of prosecution, although the Court has the inherent jurisdiction to do so (see Rubeo v National…
2Cases cited4 opinions
- Bray v. CoxNew York Court of Appeals · 1976
- Rubeo v. National Grange Mutual InsuranceNew York Court of Appeals · 1999
- Group v. Apple Mac & R Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Princeton Insurance v. Jenny Exhaust Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
3Cited by5 opinions
- Citimortgage, Inc. v. KiddAppellate Division of the Supreme Court of the State of New York · 2017
- Cardo v. Board of ManagersAppellate Division of the Supreme Court of the State of New York · 2009
- Green Tree Credit, LLC v. JelksAppellate Division of the Supreme Court of the State of New York · 2014
- S.M.F. v. SLS Residential, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Matter of Vera B. (Chadow--Hertz)Appellate Division of the Supreme Court of the State of New York · 2018