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.