ALLEN v. NEW YORK CITY TRANSIT AUTHORITY


35 A.D.3d 230 (2006)

828 N.Y.S.2d 301

BENJAMIN ALLEN et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY et al., Defendants, and F & V MECHANICAL PLUMBING AND HEATING CORP. et al., Appellants.

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

Decided December 12, 2006.


The motion, made some 5½ years after the accident, was based on a bill of particulars, prepared some 10 months after the accident, asserting that plaintiff had been unemployed since the accident and "will continue to lose earnings and benefits pursuant to [his union] contract until he returns to work, if ever." In opposition, plaintiff's attorney asserted that, as defendants were aware, plaintiff had returned to work, albeit limited to light duty, and that plaintiff...

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