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DiIORIO v. GIBSON CUSHMAN OF NEW YORK

Appellate Division of the Supreme Court of New York, First Department.
Jun 27, 1989

After review of the record, the damages awarded for future earnings appear to us to be excessive to the extent indicated. We believe that the award was based, in large measure, on the highly speculative and dubious claim that, but for the accident, plaintiff, a 21-year-old dredge oiler without any formal education, would have been elevated to the position of chief engineer on a deep-sea vessel, earning upwards of $100,000 per year for only six months of work. This record does not support such a claim or award.

We have considered the other issues raised by these cross appeals and find that they are without merit.

Concur — Murphy, P.J., Sullivan, Kassal and Smith, JJ.