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Matter of Franco Belli Plumbing & Heating & Sons, Inc. v. New York City School Constr. Auth.
Citations: 142 A.D.3d 1011; 38 N.Y.S.3d 30Docket: 2014-07351
Court: Appellate Division of the Supreme Court of the State of New York; September 14, 2016; New York; State Appellate Court
Original Court Document: View Document
In the case of Matter of Franco Belli Plumbing, Heating, Sons, Inc. v. New York City School Construction Authority, the Appellate Division of the New York Supreme Court upheld the denial of Franco Belli's motion to renew a prior petition or vacate a judgment disqualifying the company from future bidding and contracting with the Authority for five years. The original determination by the Authority, made on March 12, 2012, followed a hearing, and the subsequent petition to annul that decision was dismissed by the Supreme Court on December 21, 2012. The court ruled that a CPLR article 78 dismissal constitutes a final judgment, thus making CPLR 2221 an inappropriate mechanism for renewal. Franco Belli attempted to argue for relief under CPLR 5015(a)(2) by presenting new evidence, including interrogatory responses and deposition transcripts; however, these were deemed not to qualify as "newly discovered evidence" as they were not available at the time of the original judgment. The court emphasized that for relief under CPLR 5015(a)(2) to be granted, the evidence must potentially change the trial result, which was not established in this case. Additionally, previously submitted photographs from the administrative hearing could not serve as grounds for vacating the original judgment. The order of the Supreme Court was affirmed, and the petitioner's additional arguments were either unmeritorious or unnecessary to address.