Baize v 24 Hour Fitness

Holding The court affirmed the dismissal of the plaintiff’s claim for lost earnings because the plaintiff failed to prove actual past earnings with reasonable certainty. Additionally, the court held that while the plaintiff’s cross-motion was generally untimely, the branch concerning lost earnings could be entertained because it was based on nearly identical grounds to the defendants’ timely motion.

The court’s words

A party claiming lost earnings has the burden of proving the amount of actual past earnings with reasonable certainty, by means of tax returns or other documentation

2026 NY Slip Op 06083, at the official text

the plaintiff failed to establish "good cause" for his delay in making the cross-motion

2026 NY Slip Op 06083, at the official text

the evidence submitted by the defendants in support of their motion demonstrated that the plaintiff did not sustain any lost earnings

2026 NY Slip Op 06083, at the official text