Fomba v 150 W. 140th St., LLC

[*1] Fomba v 150 W. 140th St., LLC 2016 NY Slip Op 50017(U) Decided on January 11, 2016 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on January 11, 2016
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.
570730/15



against

Badara Fomba, Plaintiff-Appellant, - 150 West 140th Street, LLC, Defendant-Respondent.

Plaintiff appeals from a judgment of the Civil Court of the City of New York, New York County (Jose A. Padilla, J.), entered on or about February 21, 2014, after inquest, in favor of defendant dismissing the complaint.

Per Curiam.

Judgment (Jose A. Padilla, J.), entered on or about February 21, 2014, reversed, without costs, complaint reinstated and judgment entered in favor of plaintiff in the sum of $1,500.

The inquest court properly declined plaintiff's claim for lost wages, since he failed to adduce competent medical evidence that he was unable to work because of injuries sustained in the underlying accident (see Szynalo v Barretti Carting Corp., 304 AD2d 558 [2003]). However, the court's award of no damages cannot be sustained. In view of the documented injury, albeit minor, sustained by plaintiff as a result of a protruding nail within defendant's premises, as well as plaintiff's documented medical expenses, plaintiff is entitled to damages in the sum of $1,500 (see generally Groell v Groell, 61 AD3d 1357 [2009]). We note, also, that the inquest court should not have reopened the issue of the defaulting defendant's liability (see Christian v Hashmet Mgt. Corp., 189 AD2d 597, 598 [1993]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: January 11, 2016