Heinz v Serban

[*1] Heinz v Serban 2004 NY Slip Op 50453(U) Decided on May 20, 2004 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 20, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
PRESENT: ARONIN, J.P., PATTERSON and GOLIA, JJ.
NO. 2003-1432 Q C

BRIAN P. HEINZ, Respondent,

against

MARIA SERBAN and JOHN SERBAN, Appellants.

Appeal by defendants from an order of the Small Claims Part of the Civil Court, Queens County (D. Butler, J.), entered June 16, 2003, denying their motion to "modify/vacate" an arbitrator's award and restore the case to the calendar.

Order unanimously affirmed without costs.

The court below properly rejected defendants' proffer of new evidence to support their assertion that they did not cause the damage plaintiff claimed, as newly discovered evidence is not a basis upon which an arbitration award may be vacated or modified (see CPLR 7511 [b], [c]; see also Matter of Blamowski, 91 NY2d 190, 194 [1997] [award may be vacated or modified only on grounds specified by CPLR 7511]; Matter of Central Gen. Hosp. v Hanover Ins. Co., 49 NY2d 950 [1980] [new evidence not enumerated as ground for vacatur]). Defendants make no claim that the arbitrator exhibited bias, exceeded his powers or otherwise engaged in misconduct (CPLR 7511 [b]) and cite no other grounds upon which relief may be granted (see Rymer v Leider, 122 Misc 2d 873 [Civ Ct, Queens County 1983]).
Decision Date: May 20, 2004