Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: June 17, 2015

Issue Cannot be Appealed When it Has Already Been Appealed but Abandoned

On June 11, 2015, the First Department issued a decision in North Hill Funding of N.Y., LLC v Maiden & Madison Holdings, LLC, 2015 NY Slip Op. 04933, dismissing an appeal, explaining: “Defendants noticed but failed to perfect an appeal from the order; after allowing the first appeal to die on the vine, they do not have the right to raise the same issues on a subsequent appeal. Nor is this one of the rare cases in which the interest of justice compels us to exercise our discretion to reach these issues.”

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