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MICHAELS v. UNITED STATES TENNIS ASSOCIATION, INC.

284 A.D.2d 186 (2001)

726 N.Y.S.2d 257

ROBERT MICHAELS, Appellant, v. UNITED STATES TENNIS ASSOCIATION, INC., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 14, 2001.

As conceded by defendants, it was error for the trial court to reduce the verdict unconditionally, rather than directing a new trial on the issue of damages only unless plaintiff stipulated to the reduced amount (Bensalem v Royal-Pak Sys., 228 A.D.2d 363). However, the trial court reductions in the awards for lost earnings comport with the record. The jury's award for lost earnings was not supported by the trial evidence, which revealed...

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