Poritzky v. Tangredi

OPINION OF THE COURT

Andrew K. Brotmann, J.

Can an expert witness be liable for damages under the theory of breach of contract where the expert did not testify as expected at trial?

Background

In the instant matter, Dr. Alan Poritzky was hired by attorney Peter Tangredi to provide dental expert testimony on behalf of his client Barbara Blackman.1 In connection therewith, Mr. Tangredi, on behalf of his client, paid Dr. Poritzky a fee to prepare a report which is dated December 18, 1992 *287(defendant’s exhibit 2). In the report, Dr. Poritzky points to several areas in which the treating dentist failed…