Gertler v. Sol Masch & Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, New York County (Jane S. Solomon, J.), entered January 27, 2006, which, upon the prior grant of defendant’s motion for a directed verdict, dismissed the complaint, unanimously affirmed, with costs.
Plaintiffs seek to recover damages on a theory of professional malpractice. At trial, however, there was no expert testimony to establish applicable standards of professional practice, and, accordingly, there was no basis for the finding essential to malpractice liability, that defendants deviated from such standards. This was not a case in which the “ordinary experience of…
2Cases cited2 opinions
- Alpert v. Shea Gould Climenko & CaseyAppellate Division of the Supreme Court of the State of New York · 1990
- Estate of Nevelson v. Carro, Spanbock, Kaster & CuiffoAppellate Division of the Supreme Court of the State of New York · 1999
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- Peretz v. Home Depot, Inc.District Court, E.D. New York · 2009
- Suppiah v. KalishAppellate Division of the Supreme Court of the State of New York · 2010
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