The fundamental rule is that the qualifications of a witness as an expert is a determination within the sound discretion of the trial court. Smith v City of New York, 238 AD2d 500 (2d Dept 1997). An expert, once qualified, is allowed to testify as to the expert’s opinion. Sec. 7-301, Prince on Evidence (11th Ed. P. 456). In a condemnation case, the evidence before the court will be expert testimony by appraisers, zoning experts and other valuation experts. As one court has stated, “impartiality should be the touchstone of… read more
August 16, 2022