MOTELSON v. HOMEOWNERS

Ordered that the appeal is dismissed, with costs.

All of the issues raised on this appeal could have been raised on the plaintiff's prior appeal from the order dated September 23, 2004 granting the defendant's motion for summary judgment dismissing the complaint, which appeal was dismissed by this Court on July 7, 2005, for failure to prosecute. The dismissal of that appeal constituted an adjudication on the merits with respect to all issues that could have been raised and we decline to consider those issues on this appeal ( see Rubeo v National Grange Mut. Ins. Co., 93 NY2d 750; Bray v Cox, 38 NY2d 350; Hepner v New York City Tr. Auth., 27 AD3d 418; Lang v Dachs, 22 AD3d 468; Tri-State Sol-Aire Corp. v Martin Assoc, 7 AD3d 514).