Opinion
November 8, 1990
Appeal from the Supreme Court, New York County (Harold Tompkins, J.).
Plaintiff, a voice-over recording artist, had auditioned, won the job, was promised a standard union contract and was already scheduled for her first recording session in connection with the Anglicized version of the Japanese "Bumboo" cartoon series when she suffered injury at defendant's hotel, which allegedly caused her to lose the job. Even in the absence of an executed contract, plaintiff is able to demonstrate the existence of a "stable and ready market" for her services, the performance of which was interrupted by the injury (see, Hanna v. Potter, 10 A.D.2d 753). Mathematical precision is not required in order to establish the "[r]easonable certainty" of lost earnings (Steitz v. Gifford, 280 N.Y. 15, 20), in accordance with industry standards. This is not the case, however, with respect to the Brazilian movie prospect, where plaintiff was unable to audition and we have only the producer's speculation that she would have been perfect for the role.
Concur — Ross, J.P., Rosenberger, Asch, Kassal and Wallach, JJ.