MEROLA v. STATE


203 A.D.2d 541 (1994)

612 N.Y.S.2d 948

Gloria Merola, Appellant, v. State of New York, Respondent

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

April 25, 1994


Ordered that the judgment is affirmed insofar as appealed from, with costs.

In the exercise of our factual review power, we find that the overly speculative testimony of the claimant's expert was insufficient to establish that any future earning potential was lost by the claimant as a result of the subject accident. Accordingly, we find that the Court of Claims properly held that no award of damages for lost earnings could be made under the...

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