KAPLAN v. GAK


259 A.D.2d 736 (1999)

685 N.Y.S.2d 634

SAMUEL KAPLAN et al., Appellants, v. IRINA GAK, Also Known as IRENA GAK, Also Known as IREMA GAK, Respondent.

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

Decided March 29, 1999.


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

The plaintiff Samuel Kaplan was allegedly injured in a twovehicle collision with the defendant. Kaplan's testimony at his examination before trial, inter alia, that he could not work for six months following the accident, that he was subsequently forced to retire, and that he can no longer play sports, combined with evidence that he...

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