Hind v. Palermo

—In an action, inter alia, to recover damages for breach of contract, the defendants appeal from a judgment of the Supreme Court, Richmond County (Leone, J.), entered June 25, 1998, which, upon an order of the same court, dated December 5, 1997, granting the plaintiffs’ motion for summary judgment, is in favor of the plaintiffs and against them in the principal sum of $61,000.

Ordered that the appeal is dismissed, with costs to the plaintiffs.

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…