FERRARESE v. USAA CASUALTY INSURANCE COMPANY


293 A.D.2d 709 (2002)

741 N.Y.S.2d 422

CHRISTOPHER FERRARESE, Appellant, v. USAA CASUALTY INSURANCE COMPANY, Respondent.

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

Decided April 29, 2002.


Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiff's contention, it was incumbent upon him, in this action to recover damages for breach of an insurance contract, to prove his lost earnings with reasonable certainty in establishing the damages element of his prima facie case (see Lloyd v Town of Wheatfield, 67 N.Y.2d 809; Wenger v Alidad,

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