SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
December 2, 2008
LEON DANIEL, APPELLANT,
FRANK FOLK, ETC., RESPONDENT.
In an action to recover damages for fraud and negligence, the plaintiff appeals, on the ground of inadequacy, from a judgment of the Supreme Court, Kings County (Marano, J.H.O.), entered February 15, 2008, which, after an inquest conducted upon the default of the defendant in appearing or answering the complaint, is in favor of him and against the defendant in the total sum of only $63,627.50.
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.
WILLIAM F. MASTRO, J.P., REINALDO E. RIVERA, STEVEN W. FISHER & RANDALL T. ENG, JJ.
(Index No. 21032/06)
DECISION & ORDER
ORDERED that the judgment is affirmed insofar as appealed from, without costs or disbursement.
Contrary to his contention, the plaintiff failed to present, at the inquest, sufficient evidence of his inability to secure gainful employment during the period between his dismissal from his former position in 2002 and his projected retirement at age 66 in 2018 to support his request for an award of damages in the amount of $759,279.04 (see generally Glaser v County of Orange, 54 AD3d 997; Schiller v New York City Tr. Auth., 300 AD2d 296, 296-297; Bailey v Jamaica Buses Co., 210 AD2d 192). Accordingly, the Supreme Court properly rejected his request for an award of lost earnings in that amount.
MASTRO, J.P., RIVERA, FISHER and ENG, JJ., concur.
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