Posts Categorized: Experts

Posted: May 31, 2018

Court Rejects Bid to Submit Expert Report a Year Late

On May 18, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in NexBank, SSB v. Soffer, 2018 NY Slip Op. 30974(U), rejecting a request to file an expert report over a year after the deadline for exchanging reports, explaining: Commercial Division Rule 13 requires a plaintiff who intends to call… Read more »

Posted: August 22, 2017

Professional Malpractice Claim Dismissed for Failure to Present Adequate Expert Testimony

On August 16, 2017, the Second Department issued a decision in Michael v. He Gin Lee Architect Planner, PLLC, 2017 NY Slip Op. 06177, setting aside a jury verdict of professional malpractice against an architect because of the plaintiff’s failure to present adequate expert testimony on accepted architectural standards of practice, explaining: Where, as here,… Read more »

Posted: January 31, 2017

Court Did Not Abuse Discretion in Precluding Expert on Interpretation of ISDA Agreement

On January 24, 2017, the First Department issued a decision in Good Hill Master Fund L.P. v Deutsche Bank AG, 2017 NY Slip Op. 00428, holding that it was not an abuse of discretion to exclude an expert on contract interpretation, explaining: [T]he trial court properly granted Good Hill’s motion to preclude certain expert testimony… Read more »

Posted: March 16, 2016

Court Erred in Requiring Expert Testimony; Expert Testimony Presented Was Inadmissible

On March 10, 2016, the First Department issued a decision in Nussberg v. Tatintsian, 2016 NY Slip Op. 01749, holding that a court erred in requiring expert testimony on valuation but nonetheless affirming the court’s decision for the defendant because the testimony of the defendants’ experts was inadmissible, explaining: The court erred by requiring expert… Read more »