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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: April 10, 2021

Expert Report and Damages Theory Excluded Because Defendant Was Not on Notice of Damages Theory

On March 30, 2021, the First Department issued a decision in Advanced Aerofoil Tech. AG v. MissionPoint Capital Partners LLC, 2021 NY Slip Op. 01938, affirming the exclusion of expert reports and a damages theory because the defendant had not been put on notice of them or the evidence upon which they were based until receiving the expert reports in advance of trial . . .

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Posted in Commercial, Damages, Experts