Friday, January 29, 2016

Disclosure regarding an expert's anticipated testimony.

Practice point:  The Appellate Division affirmed the denial of that branch of plaintiff's motion to compel defendants to provide further disclosure regarding the anticipated testimonies of their expert witnesses.  Defendants' expert disclosure statements sufficiently disclosed in reasonable detail the subject matter and the substance of the facts and opinions on which the experts were expected to testify, and a summary of the grounds for their opinions.

Student note:  There is no requirement that the expert set forth the specific facts and opinions upon which he or she is expected to testify, but, instead, only the substance of those facts and opinions.

Case:  Conway v. Elite Towing & Flatbedding Corp., NY Slip Op 00470 (2d Dept. 2016)

Here is the decision.

Monday's issue:  Unjust enrichment claims and the statute of frauds.