Majority
p. 925Submitted September 5, 2000; decided November 28, 2000
Federal Deposit Insurance Corporation, as Receiver for Goldome, Plaintiff, v 7 Brothers Construction Corp. et al., Defendants, and Brookhill Management Corp., Appellant. Kenneth G. Roberts, Nonparty Appellant; Kenneth S. Grossman, as Receiver, Nonparty Respondent.
p. 926
Motion for leave to appeal dismissed upon the ground that this motion for leave to appeal does not lie where an earlier appeal by the same parties was dismissed for failure to prosecute (see, Bray v Cox, 38 NY2d 350 ).
Cases cited
- Bray v. Cox 38 NY2d 350 p. 926