Opinion
570770/07.
Decided October 16, 2008.
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.
Firm: Kay Gray, Westbury, New York, Attorney for the Defendants.
Firm: Jacob Oresky Associates, Bronx, New York, Attorney for the Plaintiffs.
PRESENT: Davis, J.P., Schoenfeld, Heitler, J.J.
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). 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.