CHUANG YING MO v. LIU

Full title: CHUANG YING MO, Plaintiff-Respondent, v. SYLVIA LIU, Defendant-Appellant

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: Jan 26, 2006

2006 N.Y. Slip Op. 50091 (N.Y. App. Term 2006)

814 N.Y.S.2d 889

Opinion

570683/05.

Decided January 26, 2006.

Defendant appeals from an order of the Small Claims Part of the Civil Court, New York County (Anil C. Singh, J.), dated July 28, 2005, which denied her motion to vacate an arbitration award in favor of plaintiff.

Order (Anil C. Singh, J.), dated July 28, 2005, affirmed, without costs.

PRESENT: Suarez, P.J., McCooe, Schoenfeld, JJ

PER CURIAM

Defendant's motion to vacate the small claims arbitration award was properly denied, there being no claim or showing of bias or prejudice. Newly discovered evidence is generally not a basis upon which an arbitration award may be vacated ( see Matter of Migdal Plumbing Heating Corp. [Dakar Developers], 232 AD2d 62, 64, lv denied 91 NY2d 808). In any event, defendant failed to demonstrate that the so-called newly discovered evidence was not available or could not have been discovered prior to the arbitration.

This constitutes the decision and order of this court.