Stallings v. City of New York

“As a general rule, we do not consider any issue raised on a subsequent appeal that was raised, or could have been raised, in an earlier appeal that was dismissed for lack of prosecution, although we have the inherent jurisdiction to do so” (Man Choi Chiu v Chiu, 67 AD3d 975, 976 [2009]; see Rubeo v National Grange Mut. Ins. Co., 93 NY2d 750 [1999]; Bray v Cox, 38 NY2d 350 [1976]). The plaintiffs appealed from the underlying order of the Supreme Court, Richmond County, dated March 17, 2009, which, inter alia, granted that branch of the motion of the defendant City of New York which was for…