On May 4, 2023, the First Department issued a decision in Mah v. 40-44 W. 120th St. Assoc. LLC, 2023 NY Slip Op. 02382, holding that a party lost the right to appeal an issue by abandoning an earlier appeal raising the same issue, explaining:
Defendants failed to perfect, and thus abandoned, their appeal of the prior October 15, 2019 order denying their motion for summary judgment dismissing plaintiff Crystal Cash’s professional malpractice claim against them, which precludes consideration of their present appeal from the motion court’s December 29, 2022 order denying them leave to renew. Although in certain cases this Court may exercise its discretion to entertain a second appeal that raises arguments that could have been raised in an earlier, abandoned appeal, we decline to do so here.
(Internal citations omitted).