OuchMay 14, 2018
Pascocello v Jibone, 2018 NY Slip Op 03466 (1st Dept. 2018)
“An expert’s opinion “must be based on facts in the record or personally known to the witness” (Hambsch v New York City Tr. Auth., 63 NY2d 723, 725  [internal quotation marks omitted]; see Roques v Noble, 73 AD3d 204, 206 [1st Dept 2010]), and in the absence of such record support, an expert’s opinion is without probative force (see Diaz v New York Downtown Hosp., 99 NY2d 542, 544 ). Here, Supreme Court properly precluded Dr. Toosi from offering an opinion based on photographs for which no proper foundation had been established.