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New York

: New York Civil Law

New York Court of Appeals Determines Case Regarding Foundation of Expert Opinion

By Matthew Lerner

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Butler v. City of Gloversville provides another case in which an expert did not support his conclusion with a proper foundation.  The New York Court of Appeals concluded that the defendant's expert did not support his conclusion that the plaintiff would have been injured even if other ground covering on the subject playground was present.


Since New York is a Frye state, I wish that there were more detailed decisions on the threshold Frye instead of the foundation issue.

Full post as published by New York Civil Law on September 01, 2009 (boomark / email).

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