LOPEZ v. CITY OF NEW YORK, N.Y. App. Div., Judgment, Law, casemine.com

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Attorney(S)

Bert Taras, P.C. (Pollack, Pollack, Isaac DeCicco, New York, N Y [Howard Fishkin and Brian J. Isaac] of counsel), for appellants. Michael D. Hess, Corporation Counsel, New York, N.Y. (Barry P. Schwartz and Susan Choi-Hausman of counsel), for defendant third-party plaintiff-respondent. Rohrberg Associates, New York, N.Y. (Louis M. Rohrberg of counsel), for third-party defendant-respondent.

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JOHN LOPEZ, et al., appellants, v. CITY OF NEW YORK, defendant third-party plaintiff-respondent; WEEKS MARINE, INC., third-party defendant-respondent.

DECISION ORDER

ORDERED that the appeal is dismissed, with one bill of costs.

The order appealed from, which granted the plaintiffs' motion for reargument and adhered to a prior order of the court dated July 22, 1997, is not reviewable. The plaintiffs previously appealed from the order dated July 22, 1997 (App.Div. Docket No. 97-08326), but they failed to perfect that appeal, and that appeal was dismissed by decision and order on motion of this court dated March 31, 1998, for lack of prosecution (see, 22 NYCRR 670.8[h]). The dismissal constituted an adjudication on the merits with respect to all issues which could have been reviewed therein, and the plaintiffs are therefore precluded from obtaining appellate review of those issues at this time (see, Bray v. Cox, 38 N.Y.2d 350; Felix v. Herby Realty Corp., 248 A.D.2d 431; Kimble v. Caraballo, 243 A.D.2d 610; Tepper v. Furino, 239 A.D.2d 405).

MANGANO, P.J., O'BRIEN, SULLIVAN, and GOLDSTEIN, JJ., concur.

LOPEZ v. CITY OF NEW YORK

JOHN LOPEZ, et al., appellants, v. CITY OF NEW YORK, defendant third-party plaintiff-respondent; WEEKS MARINE, INC., third-party defendant-respondent.

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