| Eclipse Jewelry Corp. v Mouradain |
| 2008 NY Slip Op 52067(U) [21 Misc 3d 131(A)] |
| Decided on October 16, 2008 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from an order of the Small Claims Part of the Civil Court of the City of
New York, New York County (Joan M. Kenney, J.), dated October 24, 2006, which denied his
motion to "renew or reargue" a prior judgment in favor of plaintiff and awarding it damages in
the principal sum of $5,000.
PER CURIAM
Order (Joan M. Kenney, J.), dated October 24, 2006, affirmed, without costs.
Defendant's post-trial motion seeking relief from the small claims judgment issued in plaintiff's favor was properly denied, defendant having failed to submit newly discovered evidence that would have produced a different result had it been submitted in a timely fashion (see CPLR 5015[a][2]). No showing was made that the supposedly new evidence relied upon by defendant was not available at the time of trial despite a diligent effort on his part (see Olwine, Connelly, Chase, O'Donnell & Weyher v Valsan, Inc., 226 AD2d 102 [1996]). To the extent that defendant's remaining argument is properly before us, it has been considered and found unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 16, 2008