Opinion
02-16-2017
AMBAC ASSURANCE CORPORATION, et al., Plaintiffs–Respondents, v. COUNTRYWIDE HOME LOANS, INC., et al., Defendants–Appellants, Bank of America Corp., Defendant.
Simpson Thacher & Bartlett LLP, New York (Joseph M. McLaughlin of counsel), for appellants. Patterson Belknap Webb & Tyler LLP, New York (Harry Sandick of counsel), for respondents.
Simpson Thacher & Bartlett LLP, New York (Joseph M. McLaughlin of counsel), for appellants.
Patterson Belknap Webb & Tyler LLP, New York (Harry Sandick of counsel), for respondents.
Order, Supreme Court, New York County (Eileen Bransten, J.), entered on or about October 27, 2015, which, insofar as appealed from as limited by the briefs, granted plaintiffs' motion to strike all legal opinions in the expert report of James P. Corcoran, dated April 1, 2015, including sections V.B, V.C and V.D and paragraphs 22 and 113, and to preclude Corcoran from testifying regarding any legal opinions at trial, unanimously affirmed, with costs.
The court properly exercised its discretion in precluding defendant's expert from offering opinions and testimony concerning the legal issues of the availability of certain remedies and the burden of proof that may apply to plaintiffs' claims (see Colon v. Rent–A–Center, 276 A.D.2d 58, 61, 716 N.Y.S.2d 7 [1st Dept.2000] ).
RICHTER, J.P., MANZANET–DANIELS, GISCHE, WEBBER, KAHN, JJ., concur.