Property Damage

Plaintiff, owner of a brownstone, alleged that she sustained property damage and lost rental income as a result of construction work being performed by the defendants upon an adjacent property. At trial, defendants made a motion in limine to preclude plaintiff from introducing evidence with respect to her claim for lost rental income. In this regard, defendants argued that plaintiff had not presented any non-speculative evidence (expert or otherwise) from which a jury could give an award for lost rental income. The trial court granted defendants’ in limine motion. Following a jury verdict, plaintiff appealed for a modification of the judgment to include an award for lost rental income. On appeal, the Appellate Division found that the trial court properly precluded plaintiff from introducing any evidence with respect to her claim for lost rental income.