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COLEMAN v. CITY OF NEW YORK

4918, 24930/05.

87 A.D.3d 401 (2011)

928 N.Y.S.2d 23

2011 NY Slip Op 6182

JAMES COLEMAN, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided August 4, 2011.

Plaintiff failed to prove future lost earnings with reasonable certainty (see DeVirgilio v Feller Precision Stage Lifts, Inc., 47 A.D.3d 522 [2008]; Harris v City of New York, 2 A.D.3d 782, 783-784 [2003], lv dismissed 2 N.Y.3d 758 [2004]). The trial evidence was insufficient to support the assumption underlying the award, i.e., that plaintiff would...

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