Ebanks v. 945 Fifth Avenue, Inc.

Appellate Division of the Supreme Court of New York

Ebanks v. 945 Fifth Avenue, Inc.

194 A.D.2d 494, 599 N.Y.S.2d 564, 1993 N.Y. App. Div. LEXIS 6777

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 29, 1993

StatusPublished

This text of 194 A.D.2d 494 (Ebanks v. 945 Fifth Avenue, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ebanks v. 945 Fifth Avenue, Inc., 194 A.D.2d 494, 599 N.Y.S.2d 564, 1993 N.Y. App. Div. LEXIS 6777 (N.Y. Ct. App. 1993).

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Opinion

—Judgment, Supreme Court, New York County (Carol E. Huff, J.), entered March 12, 1992, upon a verdict in favor of plaintiff [495]*495and against defendant, awarding damages in the amount of $605,000, unanimously affirmed, with costs.

The references made by plaintiffs counsel during voir dire to plaintiffs "herniated disc” were an immaterial variance with the description of plaintiffs injury in his pleadings and proof at trial as a "bulging disc” and otherwise did not cause defendant any prejudice.

We have reviewed the proof relating to plaintiffs earnings and his inability to return to his former employment as a result of the injury, and find it sufficient to support the award for future loss of earnings. Concur—Rosenberger, J. P., Kupferman, Ross and Kassal, JJ.

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—Judgment, Supreme Court, New York County (Carol E. Huff, J.), entered March 12, 1992, upon a verdict in favor of plaintiff [495]*495and against defendant, awarding damages in the amount of $605,000, unanimously affirmed, with costs.

The references made by plaintiffs counsel during voir dire to plaintiffs "herniated disc” were an immaterial variance with the description of plaintiffs injury in his pleadings and proof at trial as a "bulging disc” and otherwise did not cause defendant any prejudice.

We have reviewed the proof relating to plaintiffs earnings and his inability to return to his former employment as a result of the injury, and find it sufficient to support the award for future loss of earnings. Concur—Rosenberger, J. P., Kupferman, Ross and Kassal, JJ.

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Bluebook (online)

194 A.D.2d 494, 599 N.Y.S.2d 564, 1993 N.Y. App. Div. LEXIS 6777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ebanks-v-945-fifth-avenue-inc-nyappdiv-1993.