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The expertFebruary 23, 2017

Kohler v Barker, 2017 NY Slip Op 01344 (2d Dept. 2017)

“The admissibility and scope of expert testimony is a determination within the discretion of the trial court (see Price v New York City Hous. Auth., 92 NY2d 553, 558; Doviak v Finkelstein & Partners, LLP, 137 AD3d 843, 847; Galasso v 400 Exec. Blvd., LLC, 101 AD3d 677, 678). Generally, expert opinion is proper when it would help clarify an issue calling for professional or technical knowledge, possessed by the expert and beyond the ken of the typical juror (see De Long v County of Erie, 60 NY2d 296, 307; Matter of Islam v Lee, 115 AD3d 952, 953). Here, the Supreme Court did not improvidently exercise its discretion in admitting the testimony of the defendants’ expert. Contrary to the plaintiff’s contention, the testimony of the defendants’ expert was based on facts in the record and his own analysis, not speculation”

This is another expert witness case.  Worth seeing how far you can push the envelope with the hired witness.

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