Opinion
July 2, 1998
Appeal from the Supreme Court, New York County (Marylin Diamond, J.).
Petitioners' application to renew their petition to stay arbitration, which petition was untimely and had been dismissed as such ( see, Matter of Propulsora Ixtapa Sur [Omni Hotels Franchising Corp.], 211 A.D.2d 546, 548, lv denied 85 N.Y.2d 805; Matter of Worldwide Ins. Group v. Wing, 202 A.D.2d 682, 683) in a judgment, was properly denied. Renewal is not a proper vehicle for obtaining relief from the judgment ( see, Matter of Reed v. County of Westchester, 243 A.D.2d 714; Matter of Willard v. Town Bd., 216 A.D.2d 861, 862). In any event, petitioners have not explained their failure to show respondent's purported lack of a home improvement license at the time of their original application to stay arbitration, and having failed to make such explanation, have concomitantly failed to establish a requisite ground for renewal, namely, that the newly offered evidence could not with due diligence have been submitted in the first instance.
Finally, since the mechanic's lien that is the subject of the dispute underlying the appealed February 11, 1998 order has already been discharged, the appeal from such order is dismissed on the ground of mootness.
Concur — Rosenberger, J.P., Ellerin, Nardelli, Wallach and Saxe, JJ.