Schoenfeld v Batterman

[*1] Schoenfeld v Batterman 2010 NY Slip Op 50859(U) [27 Misc 3d 136(A)] Decided on May 14, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 14, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Hunter, JJ
570137/10.

Arnold Schoenfeld, M.D., Plaintiff-Respondent,

against

Boudor Batterman, Defendant-Appellant.

Defendant appeals from an order of the Civil Court of the City of New York, New York County (Joan M. Kenney, J.), dated January 27, 2009, which denied his motion to "renew and reargue" a prior judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Saliann Scarpulla, J.), entered on or about December 15, 2008, after trial, in favor of plaintiff and awarding him damages in the principal sum of $430.

Per Curiam.

Order (Joan M. Kenney, J.), dated January 27, 2009, to the extent appealable, affirmed, without costs.

Defendant's post-trial motion seeking relief from the (unappealed) judgment issued in this Small Claims action was properly denied, since he 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]; Olwine, Connelly, Chase, O'Donnell & Weyher v Valsan, Inc., 226 AD2d 102 [1996]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 14, 2010