Legal Opinion

Cadwalader, Wickersham & Taft v. Spinale

Appellate Division of the Supreme Court of the State of New York

Decided October 12, 1993Published

1Opinion of the Court

—Judgment, Supreme Court, New York County (Eugene Nardelli, J.), entered August 7, 1992, which, upon a jury verdict, awarded plaintiff the sum of $33,027.88 as against defendants, unanimously affirmed, without costs.

The court properly exercised its discretion in precluding the use of the C.P.A.’s testimony and restricting defendant Spinale’s private attorney’s testimony. Not only was the C.P.A. unqualified to opine as to the value of legal services, his testimony would have sought to draw factual conclusions from the evidence, a function within the province of the jury. As for Spinale’s…

2Cases cited3 opinions

  1. Dizak v. StateAppellate Division of the Supreme Court of the State of New York · 1986
  2. Ash v. FreedmanAppellate Division of the Supreme Court of the State of New York · 1985
  3. Moore v. Brunswick Hospital Center, Inc.Appellate Division of the Supreme Court of the State of New York · 1989

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