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Misko v New York Univ. Med. School
2005 NY Slip Op 51921(U) [10 Misc 3d 129(A)]
Decided on November 23, 2005
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on November 23, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: NOVEMBER 23, 2005 April 2005 Term McCooe, J.P., Gangel-Jacob, Schoenfeld, JJ.


Michael Misko, Plaintiff-Appellant, NY County Clerk's No. 570142/05

against

New York University Medical School, Calendar No. 05-107 Defendant-Respondent.


Plaintiff appeals from an order of the Small Claims Part of Civil Court, New York County (Saliann Scarpulla,


J., dated June 28, 2004, which denied his motion for a new trial based on newly discovered evidence.
PER CURIAM:
Order (Saliann Scarpulla, J.), dated June 28, 2004, affirmed, without costs.

Plaintiff failed to demonstrate entitlement to vacatur of the judgment issued after trial, having failed to submit newly discovered evidence that would have produced a different result had it been submitted in a timely fashion (see CPLR 50l5[a][2]. No showing was made that the supposedly new evidence relied upon by plaintiff was not available at the time of trial despite a diligent effort on his part (Mully Dray, 51 AD2d 660 [l976]).
This constitutes the decision of the Court.
Decision Date: November 23, 2005