Opinion
2013-03-14
Robert CENITE, Plaintiff–Respondent, v. PYRAMID FLOOR COVERING, INC., Defendant–Appellant.
Camacho Mauro Mulholland, LLP, New York (Peter J. Lo Palo of counsel), for appellant. Kujawski & Kujawski, Deer Park (Bryan P. Kujawski of counsel), for respondent.
Camacho Mauro Mulholland, LLP, New York (Peter J. Lo Palo of counsel), for appellant. Kujawski & Kujawski, Deer Park (Bryan P. Kujawski of counsel), for respondent.
Order, Supreme Court, New York County (Barbara Jaffe, J.), entered on or about February 3, 2012, which, in this personal injury action, denied defendant's motion to set aside the jury award in the amount of $180,000 for plaintiff's past lost earnings, and granted plaintiff's motion for an order entering judgment in accordance with the jury verdict, unanimously affirmed, with costs.
Although the lost earnings award was based solely on plaintiff's testimony, without supporting documentation, defendant did not challenge the testimony by using plaintiff's employment records or any other evidence ( see Kane v. Coundorous, 11 A.D.3d 304, 305, 783 N.Y.S.2d 530 [1st Dept. 2004] ). The evidence of plaintiff's earnings immediately preceding his accident was sufficient to support the jury's award for past lost earnings ( id.).