Chuang Ying Mo v Liu

[*1] Chuang Ying Mo v Liu 2006 NY Slip Op 50091(U) [10 Misc 3d 143(A)] Decided on January 26, 2006 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 January 26, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Suarez, P.J., McCooe, Schoenfeld, JJ
570683/05.

Chuang Ying Mo, No. Plaintiff-Respondent,

against

Sylvia Liu, Defendant-Appellant.

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.

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

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 [1997], lv denied 91 NY2d 808 [1998]). 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.
Decision Date: January 26, 2006