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Issue: Under New York law, when a witness, including an expert witness, testifies and gives an opinion, what must the basis for that opinion be?
| Area of Law: | Litigation & Procedure |
| Keywords: | Witness's opinion; Basis for opinion; Based on facts |
| Jurisdiction: | New York |
| Cited Cases: | 480 N.Y.S.2d 195; 188 A.D.2d 637; 73 A.D.2d 565; 423 N.Y.S.2d 42; 469 N.E.2d 516; 450 N.Y.S.2d 10; 86 A.D.2d 362 |
| Cited Statutes: | None |
| Date: | 02/01/2001 |
Opinions must be based on facts that are in the record or personally known to the witness. Hambsch v. New York City Transit Auth., 63 N.Y.2d 723, 725-26, 469 N.E.2d 516, 480 N.Y.S.2d 195-197 (1984); Lopato v. Kinney Rent-A-Car, 73 A.D.2d 565, 423 N.Y.S.2d 42, 44 (1st Dep’t 1979). Further, an expert’s opinions may not be founded upon surmise or supposition. Lee v. Shields, 188 A.D.2d 637, 591 N.Y.S.2d 522, 524 (2d Dep’t. 1992); Aetna Cas. & Sur. Co. v. Barile, 86 A.D.2d 362, 450 N.Y.S.2d 10, (1st Dep’t 1982).
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