Kihl v. Pfeffer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Dillon, J.
The instant appeal provides us with an occasion to discuss in detail the “reasonable certainty” evidentiary standard of CPLR 4545 (c) that governs collateral source hearings, as decisional authority on the subject is sparse.
I. Relevant Facts
During the early morning hours of a rainy January 13, 1995, the plaintiff Merryl Kihl was riding in the front passenger seat of a vehicle owned and operated by the defendant Karl O. Pfeffer. As Pfeffer proceeded along Quaker Meeting House Road in Farmingdale at approximately 30 miles per hour, the car hydroplaned off the road…
2Cases cited61 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Lolik v. Big v. Supermarkets, Inc.New York Court of Appeals · 1995
- Oden v. Chemung County Industrial Development AgencyNew York Court of Appeals · 1995
- Healy v. RennertNew York Court of Appeals · 1961
- Bryant v. New York City Health & Hospitals Corp.New York Court of Appeals · 1999
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3Cited by26 opinions
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- Vasquez v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2012
- Malmberg v. United StatesCourt of Appeals for the Second Circuit · 2016
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