SMITH v. TEMCO SERVICES INDUSTRIES


267 A.D.2d 176 (1999)

700 N.Y.S.2d 813

ELVIRA SMITH, Appellant-Respondent, v. TEMCO SERVICES INDUSTRIES, Respondent-Appellant, et al., Defendants. (And a Third-Party Action.)

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

Decided December 28, 1999.


Upon review of the record, we find the trial court's reduction of the jury verdict to have been too substantial in light of the injuries suffered by plaintiff and we modify accordingly (see, CPLR 5501 [c]).

The trial court properly refused to submit plaintiff's lost earnings claim to the jury in the absence of any documentation of her salary history (see, Papa v City of New York, 194 A.D.2d 527, lv dismissed and...

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