Consolidated appeal from two orders of the Civil Court of the City of New York, Queens County (Anna Culley, J.), dated, respectively, July 3, 2006 and August 2, 2007. The order dated July 3, 2006, insofar as appealed from, upon granting defendant's motion for reargument, adhered to the court's prior determination, dated February 8, 2006, granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment. The order dated August 2, 2007 denied defendant's motion to renew. The appeal from the July 3, 2006 order is deemed from the judgment of the same court, entered November 17, 2006 (see CPLR 5501 [c]).

Appeal dismissed.

All of the issues raised on this appeal could have been raised on defendant's prior appeal from the order dated February 8, 2006 granting plaintiff's motion for summary judgment and denying defendant's cross motion, which appeal was dismissed by this court on July 26, 2006 for failure to perfect. The dismissal of that appeal constituted an adjudication on the merits with respect to all issues that could have been raised therein, and we decline to consider those issues on this appeal (see Rubeo v National Grange Mut. Ins. Co., 93 NY2d 750 [1999]; Bray v Cox, 38 NY2d 350 [1976]; Matter of Talt v Murphy, 35 AD3d 486 [2006]; Motelson v Candon Ct. Homeowners Assn., Inc., 34 AD3d 543 [2006]; Sargent v Klein & Eversoll, Inc., 31 AD3d 736 [2006]; Lang v Dachs, 22 AD3d 468 [2005]).
Golia, J.P., Rios and Steinhardt, JJ., concur.
Decision Date: July 10, 2008