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Category: Experts

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Expert opinion

Attia v Klebanov, 2021 NY Slip Op 01241 (2d Dpet. 2021) “Expert opinions, in order not to be considered speculative or conclusory, should address specific assertions

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3101(d) never applies to

Duman v Scharf, 2020 NY Slip Op 04537 (2d Dept. 2020) “At the damages phase of the trial, the defendants called as a witness one of

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Wrong expert

Perez v Riverdale Family Med. Practice, P.C., 2019 NY Slip Op 08514 (!st Dept. 2019) ” Plaintiffs’ expert failed to profess personal knowledge of the standard

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The expert affidavit

M.C. v Huntington Hosp., 2019 NY Slip Op 06186 (2d Dept. 2019) This must be my new favorite topic. “While it is true that a medical

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What a line

Monzon v Porter, 2019 NY Slip Op 04855 (4th Dept. 2019) “Where opinion testimony is contradicted by the facts, the facts must prevail” 

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Ouch

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

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Out of scope – need foundation

Gullo v Bellhaven Ctr. for Geriatric & Rehabilitative Care, Inc., 2018 NY Slip Op 00279 (2d Dept. 2018) “Here, Shapiro established his prima facie entitlement to judgment

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Out of scope peer: it is okay

Queens Vil. Med. Care, P.C. v Government Employees Ins. Co., 2017 NY Slip Op 51799(U)(App. Term 2d Dept. 2017) “Plaintiff moved to preclude defendant’s expert medical witness

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Subpoena the records

Porcha v Binette, 2017 NY Slip Op 08141 (4th Dept, 2017) (1) After defendants gave notice that they intended to call Dr. Riegler as an expert witness

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When a doctor crosses the line

Harris v Campbell, 2017 NY Slip Op 08112 (4th Dept. 2017) (1) CPLR 3101(d) “Contrary to plaintiffs’ contention, the court properly limited the testimony of one of

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By-Report

Bronx Acupuncture Therapy, P.C. v Hereford Ins. Co., 2017 NY Slip Op 51452(U)(App. Term 2d Dept. 2017) “It is undisputed that defendant denied plaintiff’s claim for services

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Attacking the experts

Montas v Abouel-Ela, 2017 NY Slip Op 07413 (1st Dept. 2017) “Plaintiff has not demonstrated conduct by defendant’s counsel that would warrant reversal. Defendant’s counsel was properly

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