Legal Opinion
Adair v. Tully-Kuzman
Appellate Division of the Supreme Court of the State of New York
Decided January 26, 2012Published
1Opinion of the CourtMcCarthy, J.
Supreme Court did not err in sustaining defendants’ objection to the physician’s response to the question at issue. Trial courts have discretion regarding the admissibility of expert testimony on any particular point (see De Long v County of Erie, 60 NY2d 296, 307 [1983]; Brown v Reinauer Transp. Cos., LLC, 67 AD3d 106, 114 [2009], lv dismissed and denied 14 NY3d *1229823 [2010], cert denied 564 US —, 131 S Ct 3088 [2011]). An expert’s opinion must generally be based on facts found in the record or personally known to the witness (see Hambsch v New York City Tr. Auth., 63 NY2d 723, 725-726…
2Cases cited6 opinions
- De Long v. County of ErieNew York Court of Appeals · 1983
- Hambsch v. New York City Transit AuthorityNew York Court of Appeals · 1984
- Brown v. Reinauer Transportation Companies, LLCAppellate Division of the Supreme Court of the State of New York · 2009
- Rivera-Martinez v. United StatesSupreme Court of the United States · 2011
- Pascuzzi v. CCI CompaniesAppellate Division of the Supreme Court of the State of New York · 2002
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