Crystal Cash, Plaintiff–Respondent, v. LLP (2023)

Appeal from order, Supreme Court, New York County (Robert R. Reed, J.), entered on or about December 29, 2022, to the extent it denied defendants Shupack & Hardy LLP and Jeffrey Shupack's motion for leave to renew their motion for summary judgment dismissing the complaint, unanimously dismissed, without costs, as abandoned.

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 (Inwood Tower v. Fireman's Fund Ins. Co, 290 A.D.2d 252 [1st Dept 2002];  see Kats v. Agosto, 203 AD3d 661 [1st Dept 2022];  see 22 NYCRR 1250.10[a]).  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 (Faricelli v. TSS Seedman's, 94 N.Y.2d 772, 774 [1999]), we decline to do so here.