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DENNIS v. DACHS

85 A.D.2d 223 (1982)

Leon Dennis, Appellant-Respondent, v. Leslie Dachs et al., Respondents, and City of New York, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 11, 1982

Attorney(s) appearing for the Case

Martin H. Weisfuse for appellant-respondent.

Henry J. Boitel of counsel (Morris, Duffy, Ivone & Jensen, attorneys), for Leslie Dachs, respondent.

Debra James of counsel (Stephen J. McGrath with her on the brief; Allen G. Schwartz, Corporation Counsel, attorney), for respondent-appellant.

MURPHY, P. J., and SANDLER, J., concur with CARRO, J.; KUPFERMAN, J., concurs in a separate opinion; MARKEWICH, J., concurs in the result only.

CARRO, J.

The most substantial issue on this appeal concerns the admissibility of expert testimony on the effect of the projection of past wage increments on lost future earnings.

Plaintiff, a pedestrian, was injured when he was struck by two colliding vehicles and was thrown through an opening in the wall abutting the sidewalk on an overpass, to an embankment below. The liability phase of this action was tried first, and a jury found in plaintiff...

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