Misko v. New York Univ. Med. School

Full title: MICHAEL MISKO, Plaintiff-Appellant, v. NEW YORK UNIVERSITY MEDICAL SCHOOL…

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

Date published: Nov 23, 2005

2005 N.Y. Slip Op. 51921 (N.Y. App. Term 2005)

809 N.Y.S.2d 482

Opinion

570142/05, 05-107.

Decided November 23, 2005.

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.

Order (Saliann Scarpulla, J.), dated June 28, 2004, affirmed, without costs.

PRESENT: McCooe, J.P., Gangel-Jacob, Schoenfeld, JJ.

PER CURIAM:

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 5015[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 [1976]).

This constitutes the decision of the Court.