FULLER-MOSLEY v. UNION THEOLOGICAL SEMINARY


35 A.D.3d 286 (2006)

827 N.Y.S.2d 864

JANESIA FULLER-MOSLEY, Respondent, v. UNION THEOLOGICAL SEMINARY et al., Respondents, and SCORCIA & DIANA ASSOCIATES, INC., Appellant, et al., Defendants. SCORCIA & DIANA ASSOCIATES, INC., Third-Party Plaintiff-Appellant, v. FOCUS LIGHTING, INC., et al., Third-Party Defendants-Respondents, et al., Third-Party Defendant.

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

Decided December 21, 2006.


The jury's verdict on liability and apportionment against Scorcia & Diana is supported by a fair interpretation of the evidence (see McDermott v Coffee Beanery, Ltd., 9 A.D.3d 195, 206 [2004]). The award for future lost wages is supported by proof of reasonable certainty (see Behrens v Metropolitan Opera Assn., Inc., 18 A.D.3d 47, 50 [2005]). However, the awards for past and future pain...

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