December 18, 2012

Expert testimony.

Practice point: Expert testimony is unnecessary unless it assists the jury in clarifying an issue which requires professional or technical knowledge possessed by an expert and beyond the comprehension of a typical juror.

Student note: The admissibility and scope of expert testimony is a determination within the discretion of the trial court.

Case: Galasso v. 400 Exec. Blvd., LLC, NY Slip Op 08282 (2d Dept. 2012).

Here is the decision. 

Tomorrow’s issue: Vacating a default, and law office failure.