Thomas J. Rubeo, Appellant v. National Grange Mutual Insurance Co., Respondent, Defendant

Summary

The New York Court of Appeals affirmed the Appellate Division's dismissal of the plaintiff's second appeal, holding that a prior abandonment of an appeal bars a subsequent appeal on the same issue. The court relied on Bray v. Cox and related precedent to reject the plaintiff's argument that CPLR 5517 permitted the second appeal.