Cenite v Pyramid Floor Covering, Inc.

Cenite v Pyramid Floor Covering, Inc. 2013 NY Slip Op 01602 Decided on March 14, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 14, 2013
Gonzalez, P.J., Tom, Richter, Abdus-Salaam, JJ.
9513 112380/08

[*1]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.

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 AD3d 304, 305 [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.).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 14, 2013

CLERK