Schillace v. Price Co.

Appellate Division of the Supreme Court of New York

Schillace v. Price Co.

231 A.D.2d 879, 648 N.Y.S.2d 397

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

DecidedSeptember 27, 1996

StatusPublished

Cited by1 cases

This text of 231 A.D.2d 879 (Schillace v. Price Co.) 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.

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Schillace v. Price Co., 231 A.D.2d 879, 648 N.Y.S.2d 397 (N.Y. Ct. App. 1996).

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Opinion

Judgment unanimously affirmed without costs. Memorandum: Upon our review of the record, we conclude that plaintiff presented sufficient evidence at trial to support the jury award for future lost wages. Plaintiff’s proof "allow[ed] the loss of earnings to be ascertained with reasonable certainty” (Burdick v Bratt, 203 AD2d 950, 951, lv denied 84 NY2d 801, citing Reichman v Warehouse One, 173 AD2d 250, 252, lv dismissed in part and denied in part 78 NY2d 1058). (Appeal from Judgment of Supreme Court, Erie County, Michalek, J.— Damages.) Present—Green, J. P., Pine, Fallon, Doerr and Boehm, JJ.

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Judgment unanimously affirmed without costs. Memorandum: Upon our review of the record, we conclude that plaintiff presented sufficient evidence at trial to support the jury award for future lost wages. Plaintiff’s proof "allow[ed] the loss of earnings to be ascertained with reasonable certainty” (Burdick v Bratt, 203 AD2d 950, 951, lv denied 84 NY2d 801, citing Reichman v Warehouse One, 173 AD2d 250, 252, lv dismissed in part and denied in part 78 NY2d 1058). (Appeal from Judgment of Supreme Court, Erie County, Michalek, J.— Damages.) Present—Green, J. P., Pine, Fallon, Doerr and Boehm, JJ.

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231 A.D.2d 879, 648 N.Y.S.2d 397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schillace-v-price-co-nyappdiv-1996.

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