Gallagher v. New York City Transit Authority
Cases that cite this one
3 later published cases cite this decision.
- Aames Capital Corp. v. Davis (Appellate Division of the Supreme Court of New York 2002)
- Mulcahy v. Mulcahy (Appellate Division of the Supreme Court of New York 2001)
- Gammal v. La Casita Milta, Inc. (Appellate Division of the Supreme Court of New York 2000)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—In an action to recover damages for personal injuries, the defendant New York City Transit Authority appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (LeVine, J.), dated December 15, 1998, as, upon reargument, granted the plaintiffs leave to amend their bill of particulars.
Ordered that the appeal is dismissed, with costs to the respondent.
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 was dismissed for lack of prosecution (see, Bray v Cox, 38 NY2d 350; TPZ Corp. v Tsoukas, 264 AD2d 837). Here, the New York City Transit Authority appealed from a prior order of the Supreme Court, Queens County, dated October 14, 1998, which granted the plaintiffs’ motion for leave to amend their bill of particulars. That appeal (App Div Docket No. 1998-10626) was dismissed by decision and order of this Court dated October 20, 1999, for failure to
Case-law data current through December 31, 2025. Source: CourtListener bulk data.