Mercer v. City of New York

Full title: FRANKLIN J. MERCER, Appellant, v. CITY OF NEW YORK, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 25, 1990

166 A.D.2d 362 (N.Y. App. Div. 1990)

561 N.Y.S.2d 28

Opinion

October 25, 1990

Appeal from the Supreme Court, Bronx County (Barry Salman, J.).

It is clear to us that the contentions raised by petitioner on this appeal are barred by a prior order entered in a separate tax foreclosure proceeding, in which substantially similar relief was denied petitioner, and which petitioner never appealed. The entry of the earlier order is dispositive, and it is therefore unnecessary to reach the remaining contentions raised on this appeal.

Concur — Ross, J.P., Rosenberger, Asch and Smith, JJ.