Appellate Division of the Supreme Court of the State of New York April 30, 2010 (Shubbuck v. Conners)

Smith, J.P., and Pine, J. (dissenting in part).

We respectfully dissent in part and would set aside the award of damages for future lost wages. It is well settled that future lost wages must be established with reasonable certainty and that plaintiff had the initial burden of proof with respect to that issue (see generally Huff v Rodriguez, 45 AD3d 1430, 1433 [2007]; Man-Kit Lei v City Univ. of N.