Appellate practice.

Practice point: No appeal lies from a judgment made upon the default of the appealing party, pursuant to CPLR 5511.

Student note: As a general rule, the Appellate Division does not consider an issue on a subsequent appeal which was raised or could have been raised in an earlier appeal which was dismissed for lack of prosecution, although the Court has the inherent jurisdiction to do so.

Case: Asman v. Durst, NY Slip Op 06272(2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: A landowner’s liability for criminal conduct.