DECISION ORDER
ORDERED that the appeal by the plaintiff Rita Szynalo is dismissed, as she is not aggrieved by the order appealed from (see CPLR 5511); and it is further,
ORDERED that the order is affirmed; and it is further,
ORDERED that the defendants are awarded one bill of costs.
A review of the record reveals that the plaintiff Vincenzo Szynalo failed to establish his claim for past lost earnings with reasonable certainty (see Bacigalupo v. Healthshield, 231 A.D.2d 538, 539). The evidence adduced at the trial was speculative and unsubstantiated by competent medical evidence that he was unable to work because of injuries sustained in the accident (see McKithen v. City of New York, 292 A.D.2d 352, 354; Easley v. City of New York, 189 A.D.2d 599, 601). Accordingly, he is not entitled, as a matter of law, to recover damages for past lost earnings (see Bacigalupo v. Healthshield, supra at 359).
The plaintiffs remaining contentions are without merit.
ALTMAN, J.P., GOLDSTEIN, LUCIANO and H. MILLER, JJ., concur.