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SHUBBUCK v. CONNERS

No. 225 SSM 36.

15 N.Y.3d 871 (2010)

JUSTIN M. SHUBBUCK, Respondent, v. SEAN M. CONNERS et al., Appellants.

Court of Appeals of New York.

Decided October 21, 2010.

Attorney(s) appearing for the Case

Rivkin Radler, LLP, Uniondale ( Merril Biscone and Melissa M. Murphy of counsel), for appellants.

Law Offices of Wayne C. Felle, P.C., Williamsville ( Wayne C. Felle of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified, with costs to defendants, by remitting the matter to Supreme Court for further proceedings in accordance with this memorandum and, as so modified, affirmed.

Plaintiff's own testimony, without more, was insufficient to establish by a reasonable certainty his loss of future wages as a result of the accident. In this case, the W-2 forms and tax returns that plaintiff...

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