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Bogdanovic v. City of New York

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


February 18, 2010

DULJO BOGDANOVIC, ET AL., PLAINTIFFS-RESPONDENTS,
v.
THE CITY OF NEW YORK, DEFENDANT, NEW YORK CITY TRANSIT AUTHORITY, ET AL., DEFENDANTS-APPELLANTS.

Judgment, Supreme Court, New York County (Carol E. Huff, J.), entered November 10, 2008, which, to the extent appealed from, as limited by the briefs, awarded plaintiff $250,000 for future lost earnings, unanimously affirmed, without costs.

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.

Andrias, J.P., Catterson, Renwick, Manzanet-Daniels, JJ.

111578/03

We see no reason to reduce the damages awarded to plaintiff for future earnings for a period of 20 years, where the medical evidence established that plaintiff would only be able to work part-time as a result of his injuries, and where the damages awarded by the jury were less than half the sum projected in uncontradicted testimony by plaintiff's economist (cf. Flores v Parkchester Preserv. Co., L.P., 42 AD3d 318 [2005], lv denied, 10 NY3d 714 [2008]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100218

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