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DOO WON CHOI v. B.H.N.V. REALTY CORP.

240 A.D.2d 619 (1997)

659 N.Y.S.2d 1001

Doo Won Choi, Respondent, v. B.H.N.V. Realty Corp., Appellant. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 23, 1997

Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion is denied.

The inconsistent versions of the accident presented by the plaintiff at his examination before trial and in his affidavit raise a question of fact as to his credibility (see, Xirakis v 1115 Fifth Ave. Corp., 226 A.D.2d 452; Miller v Long Is. Light. Co., 166 A.D.2d 564; Donohue...

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