Practice point: In order to be qualified as an expert, a witness must possess the requisite skill, training, education, knowledge or experience from which it can be assumed that the opinion is reliable.
Practitioners should note that evidence that a person has experience servicing and repairing elevators, standing alone, does not establish that the person can render a reliable opinion regarding the cause of the failure of an interlock.
Case: Schechter v. 3320 Holding LLC, NY Slip Op 05684 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Defamation.
