Plaintiff appeals from 1) a judgment of Civil Court, New York County (Cynthia S. Kern, J.), entered December 8, 2003 after an inquest, in favor of defendant dismissing the complaint, and 2) an order of the same court and Judge, entered May l4, 2004, which denied his motion to "renew and reargue" the aforesaid judgment.

PER CURIAM:

Judgment (Cynthia S. Kern, J.), entered December 8, 2003, affirmed, without costs. Order (Cynthia S. Kern, J.), entered May 14, 2004, deemed as one denying plaintiff's motion to set aside the aforesaid judgment based upon newly discovered evidence, and so considered, affirmed, without costs.

Although the record on appeal filed by plaintiff-appellant does not contain a transcript of the hearing minutes, defendant has provided us with copies of the key exhibits introduced at the hearing. Based upon our review of those exhibits and the one-page appellate brief submitted by plaintiff, we discern no basis to vacate the inquest court's dismissal of the action. Plaintiff's post hearing motion was properly denied since he failed to present any newly discovered evidence or to otherwise demonstrate that the court's determination was erroneous.

This constitutes the decision and order of the court.
I concur [*2]
Decision Date: November 18, 2005