Opinion
2662
December 24, 2002.
Order, Supreme Court, Bronx County (Barry Salman, J.), entered August 15, 2002, which, upon the parties' respective motions to reargue a prior order setting aside the jury's award of past lost earnings and directing a new trial thereon, dismissed the claim for past lost earnings as a matter of law, unanimously affirmed, without costs.
Robert M. Ginsberg, for plaintiff-appellant.
Brendan T. Fitzpatrick Anthony Xanthakis, for defendants-respondents.
Brendan T. Fitzpatrick, for third-party plaintiff-respondent.
Anthony Xanthakis, for third-party defendant-respondent.
Before: TOM, J.P., ANDRIAS, ROSENBERGER, FRIEDMAN, MARLOW, JJ.
Plaintiff's testimony as to his past earnings, unsubstantiated by tax returns, W-2 forms or other relevant documents, was insufficient, as a matter of law, to show any loss of past earnings (see DelValle v. White Castle Sys., 277 A.D.2d 13; Razzaque v. Krakow Taxi, 238 A.D.2d 161, 162; Gomez v. City of New York, 260 A.D.2d 598). We have considered and rejected plaintiff's other arguments.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.