In re the Estate of Atkinson

— Appeal from an order of the Surrogate’s Court of Cortland County (Kepner, Jr., S.), entered November 28, 1983, which granted a motion to quash a subpoena, f New York follows the rule that a witness cannot be compelled to give his opinion as an expert against his will (People ex rel. Kraushaar Bros. & Co. v Thorpe, 296 NY 223), but the line between an expert’s opinion testimony and fact testimony can be difficult to draw (Plummer v Macy & Co., 69 AD2d 765). A distinction has been recognized between an expert’s testimony concerning custom and usage of the trade in general and his testimony…