RAMIREZ v. CITY OF NEW YORK, N.Y. App. Div., Judgment, Law, casemine.com

Citation Codes

Equivalent Citations

citation codes

Attorney(S)

Michael D. Hess, Corporation Counsel, New York, N.Y. (Stephen J. McGrath and Ellen B. Fishman of counsel), for appellant-respondent. Sivin Miller, New York, N.Y. (Edward Sivin and Laurence J. Sass of counsel), for respondent-appellant.

See more information ...

Smart Summary

Please sign up to generate summary.

RENE RAMIREZ, RESPONDENT-APPELLANT, v. CITY OF NEW YORK, APPELLANT-RESPONDENT.

DECISION ORDER

ORDERED that the judgment is affirmed, without costs or disbursements.

The uncontroverted evidence established that the plaintiff sustained permanent brain damage as a result of an assault upon him by police officers. The damages award for past and future pain and suffering does not deviate materially from what would be reasonable compensation under the circumstances (see, CPLR 5501[c]; Regis v. City of New York, 269 A.D.2d 515).

The court properly dismissed the plaintiff's claim for lost earnings. The plaintiff testified that he worked occasionally as a security guard and was paid "off the books". He further testified that at the time of the assault, he was unemployed and receiving "social security" benefits. This evidence is insufficient to sustain a lost earnings claim (see, Gomez v. City of New York, 260 A.D.2d 598; Papa v. City of New York, 194 A.D.2d 527; Bailey v. Jamaica Buses Co., 210 A.D.2d 192).

RAMIREZ v. CITY OF NEW YORK

RENE RAMIREZ, RESPONDENT-APPELLANT, v. CITY OF NEW YORK, APPELLANT-RESPONDENT.

Comments