Legal Opinion
Coleman v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided August 4, 2011PublishedCited by 10 opinions
1Opinion of the Court
Plaintiff failed to prove future lost earnings with reasonable certainty (see DeVirgilio v Feller Precision Stage Lifts, Inc., 47 AD3d 522 [2008]; Harris v City of New York, 2 AD3d 782, 783-784 [2003], lv dismissed 2 NY3d 758 [2004]). The trial evidence was insufficient to support the assumption underlying the award, i.e., that plaintiff would be unable to perform any work for the remainder of his life.
The award for future medical costs was based on legally sufficient evidence and was not against the weight of the evidence. The jury was entitled to credit the testimony of plaintiffs treating…
2Cases cited4 opinions
- Urbina v. 26 Court Street Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2007
- Harris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
- Crooms v. Sauer Bros.Appellate Division of the Supreme Court of the State of New York · 2008
- DeVirgilio v. Feller Precision Stage Lifts, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
3Cited by10 opinions
- Natoli v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
- Andino v. MillsAppellate Division of the Supreme Court of the State of New York · 2016
- Flores v. New York City Tr. Auth.Appellate Division of the Supreme Court of the State of New York · 2021
- Flores v. New York City Tr. Auth.Appellate Division of the Supreme Court of the State of New York · 2021
- Scott v. PosasAppellate Division of the Supreme Court of the State of New York · 2021
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