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VASILEVSKY v. CHOPIN

244 N.J. Super. 703 (1990)

583 A.2d 414

MIKHAIL VASILEVSKY AND KLAVDIA VASILEVSKY, HIS WIFE, PLAINTIFFS-APPELLANTS, v. RICHARD M. CHOPIN, M.D., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 14, 1990.

Attorney(s) appearing for the Case

Stuart M. Kurtzer, P.A., attorneys for appellants (Stuart M. Kurtzer, of counsel, and Stuart M. Kurtzer and John L. Shanhan, on the brief).

Michals, Wahl, Silver & Leitner, attorneys for respondent (Sheldon Schiffman and Christopher G. Aiello, on the brief).

Before Judges MICHELS, BRODY and D'ANNUNZIO.

The opinion of the court was delivered by BRODY, J.A.D.

The issue raised in this appeal may be demonstrated by an imaginary, though not fantastic, exchange between a trial attorney and a testifying witness:

Q. Was the traffic light red? A. No.

The witness's meaning is certain. However, the witness's meaning would be uncertain if the question and answer were as follows:

Q. Was the...

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