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Grayson v. Irvmar Realty Corp.

Supreme Court of New York, Appellate Division, First Department
7 A.D.2d 436 (1959)


Grayson (plaintiff), a 21-year-old aspiring opera singer, fell in front of Irvmar Realty Corporation’s (Irvmar) (defendant) premises, suffering a fractured leg and hearing loss when her head hit the pavement. Grayson brought suit against Irvmar for negligence in its failure to properly light a construction sidewalk bridge and sought damages for loss of future earnings. At the time of her injury, Grayson had graduated from high school and had been studying music and singing since she was a young child. She also had five years of instrumental instruction. In her later years Grayson had a professional voice instructor and studied under an opera coach. She also participated successively in operatic workshops which required her to learn various foreign languages associated with classic opera. At trial, Grayson’s voice teacher and opera coach testified that she had a superior voice and a bright future. A jury awarded Grayson $50,000 in damages and Irvmar appealed.

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Holding and Reasoning (Breitel, J.)

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