Gerbino v. Stewart

Appellate Division of the Supreme Court of New York

Gerbino v. Stewart

13 A.D.3d 1067, 786 N.Y.S.2d 769, 2004 N.Y. App. Div. LEXIS 16268

Appellate Division of the Supreme Court of the State of New York·Decided December 30, 2004·No. Appeal No. 1·Published

Opinion

Appeal from an order and judgment (one paper) of the Supreme Court, Monroe County (William E Polito, J.), entered September 23, 2003 in a personal injury action. The [1068]*1068order and judgment were entered upon a jury verdict in favor of plaintiffs and against defendants Tinseltown USA and Cinemark USA, Inc.

It is hereby ordered that the order and judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the award of damages for lost wages and as modified the order and judgment is affirmed without costs and a new trial is granted on damages for lost wages.

Same memorandum as Gerbino v Tinseltown USA (13 AD3d 1068 [2004]). Present—Pigott, Jr., P.J., Pine, Scudder, Martoche and Lawton, JJ.

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Appeal from an order and judgment (one paper) of the Supreme Court, Monroe County (William E Polito, J.), entered September 23, 2003 in a personal injury action. The [1068]*1068order and judgment were entered upon a jury verdict in favor of plaintiffs and against defendants Tinseltown USA and Cinemark USA, Inc.

It is hereby ordered that the order and judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the award of damages for lost wages and as modified the order and judgment is affirmed without costs and a new trial is granted on damages for lost wages.

Same memorandum as Gerbino v Tinseltown USA (13 AD3d 1068 [2004]). Present—Pigott, Jr., P.J., Pine, Scudder, Martoche and Lawton, JJ.

Gerbino v. Stewart, 13 A.D.3d 1067, 786 N.Y.S.2d 769, 2004 N.Y. App. Div. LEXIS 16268 (N.Y. Ct. App. 2004).

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Opinion

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