KISH v. BD. OF EDUC.


76 N.Y.2d 379 (1990)

Alice Kish et al., Appellants, v. Board of Education of the City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided June 28, 1990.


Attorney(s) appearing for the Case

Robert J. Bohner for appellants.

Victor A. Kovner, Corporation Counsel (Jean Brandon and Ellen B. Fishman of counsel), for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and BELLACOSA concur.


HANCOCK, JR., J.

In a personal injury case involving a claim of lost, past and future earnings resulting from an alleged permanent disability from work, evidence that the plaintiff voluntarily chose to retire is often so prejudicial as to be inadmissible; it may be allowed, however, in the court's discretion in limited circumstances, where it has significant probative value with respect to a validly raised question...

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