Opinion
188
February 18, 2003.
Order, Supreme Court, Bronx County (Bertram Katz, J.), entered March 23, 2001, which, insofar as appealed from as limited by the briefs, on the trial court's initiative, vacated that part of the jury's verdict as awarded plaintiff $27,300 for past loss of earnings and $50,000 for future lost earnings, unanimously affirmed, without costs.
STEVEN J. MINES, for Plaintiff-Appellant.
HERBERT RUBIN, for Defendant-Respondent.
Before: Nardelli, J.P., Mazzarelli, Buckley, Williams, Lerner, JJ.
Plaintiff's testimony, which did not detail the compensation she received at a number of different short-term jobs prior to her accident, was insufficient to establish her past and future lost earnings with any reasonable degree of certainty (see Gomez v. City of New York, 260 A.D.2d 598, 599; Bacigalupo v. Healthshield, Inc., 231 A.D.2d 538, 539; Coakly v. State of New York, 225 A.D.2d 477, 478). While plaintiff argues that her loss of earnings should simply be based on the minimum wage, there is no evidence of the number of hours she typically worked before the injury, how long the injury prevented her from working, and what the minimum wage was over the period of her incapacitation. We have considered plaintiff's other arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.