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Posts Categorized: Experts

Posted: August 15, 2018

Court Rules That Expert Testimony in Legal Malpractice Action is Unnecessary Given Issues in Dispute

On August 1, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Red Zone LLC v. Cadwalader, Wickersham & Taft LLP, 2018 NY Slip Op. 31888(U), precluding a defendant from presenting an expert witness in a legal malpractice action on the ground that it was unnecessary given the issues in… Read more »

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 »