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KIHL v. PFEFFER

47 A.D.3d 154 (2007)

848 N.Y.S.2d 200

MERRYL KIHL, Respondent, v. KARL O. PFEFFER, Defendant, and COUNTY OF NASSAU, Appellant.

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

November 27, 2007.

Attorney(s) appearing for the Case

Lorna B. Goodman, County Attorney, Mineola (Karen Hutson and Dennis J. Saffran of counsel), for appellant.

Richard M. Kenny (Trolman, Glaser & Lichtman, P.C., New York City [Michael T. Altman] of counsel), for respondent.

PRUDENTI, P.J., FISHER and DICKERSON, JJ., concur.

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...

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