Tunne v Moreno

[*1] Tunne v Moreno 2007 NY Slip Op 50811(U) [15 Misc 3d 136(A)] Decided on April 18, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 18, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., McCOOE, SCHOENFELD, JJ
570607/06.

Mark Tunne, Plaintiff-Appellant,

against

Jose Moreno, Defendant-Respondent.

Plaintiff appeals from an order of the Small Claims Part of the Civil Court of the City of New York, New York County (Geoffrey D. Wright, J.), dated July 21, 2006, which denied his motion to renew and reargue a prior order denying his motion for a new trial.

PER CURIAM

Order (Geoffrey D. Wright, J.), dated July 21, 2006, affirmed, without costs.

Plaintiff's third post-trial motion seeking relief from the 2003 judgment issued in favor of defendant dismissing this small claims action was properly denied, since plaintiff failed to submit any newly discovered evidence which "would probably change the result previously reached" (see Olwine, Connelly, Chase, O'Donnell & Weyher v
Valsan, Inc., 226 AD2d 102, 103 [1996]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: April 18, 2007