Eichler v. City of New York

Full title: EDWARD EICHLER, Respondent, v. CITY OF NEW YORK et al., Appellants

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 9, 1993

196 A.D.2d 524 (N.Y. App. Div. 1993)

601 N.Y.S.2d 318

Opinion

August 9, 1993

Appeal from the Supreme Court, Queens County (Nahman, J.).

Ordered that the judgment is reversed insofar as appealed from, on the law and the facts, the plaintiff's claim for damages for lost future earnings and impairment of earning ability is severed, and a new trial is granted on the issue of the plaintiff's damages for lost future earnings and impairment of earning ability only, with costs to abide the event.

While the trial testimony amply supports the conclusion that the plaintiff suffered severe and disabling injuries as a result of the vehicular collision in which he was involved, we find that the award of $2,846,000 for lost future earnings and impairment of earning ability is largely speculative and cannot be sustained in view of his established work record and earnings history (see generally, Naveja v Hillcrest Gen. Hosp., 148 A.D.2d 429). Inasmuch as the award deviates materially from what would be deemed reasonable compensation (see, CPLR 5501 [c]), we remit the matter for a new trial solely on that issue. Sullivan, J.P., Eiber, Pizzuto and Joy, JJ., concur.