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Hong v. County of Nassau

Appellate Division of the Supreme Court of New York, Second Department
Apr 11, 1988
139 A.D.2d 566 (N.Y. App. Div. 1988)

Summary

ruling that the trial court properly limited the scope of testimony of plaintiff's expert because of his lack of expertise in the specialized area

Summary of this case from Roberts v. Boys Girls Republic, Inc.

Opinion

April 11, 1988

Appeal from the Supreme Court, Nassau County (Saladino, J.).


Ordered that the judgment is affirmed, with one bill of costs.

The trial court did not abuse its discretion in limiting the scope of the testimony of the plaintiffs' expert witness (see, Meiselman v. Crown Hgts. Hosp., 285 N.Y. 389). While the witness was a mechanical engineer and had extensive work experience in the specialized area of the safety engineering of vehicles, his expertise did not embrace the design or development of golf courses or of any type of recreational area. Accordingly, it was not an improvident exercise of discretion to exclude his testimony in that regard. The qualification of a witness to testify as an expert in a particular area is a question addressed to the discretion of the trial court and the court's ruling will not be disturbed absent a serious mistake, an error of law, or an abuse of discretion (see, Meiselman v. Crown Hgts. Hosp., supra). Mangano, J.P., Bracken, Harwood and Balletta, JJ., concur.


Summaries of

Hong v. County of Nassau

Appellate Division of the Supreme Court of New York, Second Department
Apr 11, 1988
139 A.D.2d 566 (N.Y. App. Div. 1988)

ruling that the trial court properly limited the scope of testimony of plaintiff's expert because of his lack of expertise in the specialized area

Summary of this case from Roberts v. Boys Girls Republic, Inc.

affirming trial court's decision to exclude expert testimony where witness was a mechanical engineer but did not have any specialized knowledge with regard to the design or development of golf courses or any type of recreational area

Summary of this case from Fernandez v. Central Mine Equipment Co.

affirming trial court's decision to exclude expert testimony where witness was a mechanical engineer but did not have any specialized knowledge with regard to the design or development of golf courses or any type of recreational area

Summary of this case from Quintanilla v. Komori America Corporation
Case details for

Hong v. County of Nassau

Case Details

Full title:INKIE HONG et al., Appellants, v. COUNTY OF NASSAU et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 11, 1988

Citations

139 A.D.2d 566 (N.Y. App. Div. 1988)
527 N.Y.S.2d 66

Citing Cases

Schafer v. Standard Railway Fusee Corp.

Furthermore, the Supreme Court properly required further qualifications from the defendant's expert witness…

Roberts v. Boys Girls Republic, Inc.

As such, his affidavit is of limited value. Hong v County of Nassau, 139 AD2d 566 (2nd Dept 1988) (ruling…