Weiss v. Berardi

2 Citing cases

  1. Halpin v. Cheikhet

    90 A.D.3d 1211 (N.Y. App. Div. 2011)   Cited 3 times

    Prejudgment interest “shall be computed from the earliest ascertainable date the cause of action existed” (CPLR 5001[b]; see Environmental Prods. & Servs. v. Consolidated Rail Corp., 285 A.D.2d 700, 702, 728 N.Y.S.2d 256 [2001] ). Here, the implied warranty was breached when title passed to plaintiffs; thus, the interest should be computed from the date of closing ( see Parillo v. Salvador, 276 A.D.2d 1000, 1002, 714 N.Y.S.2d 812 [2000], lv. denied 96 N.Y.2d 702, 722 N.Y.S.2d 794, 745 N.E.2d 1016 [2001]; Weiss v. Berardi, 237 A.D.2d 596, 597, 655 N.Y.S.2d 1020 [1997]; Cotazino v. Basil Dev. Corp., 167 A.D.2d 632, 635, 562 N.Y.S.2d 988 [1990] ).

  2. Andaloro v. Town of Ramapo

    242 A.D.2d 354 (N.Y. App. Div. 1997)   Cited 14 times

    CPLR 3101 (d) provides in part that "[u]pon request, each party shall identify each person whom the party expects to call as an expert witness at trial and shall disclose in reasonable detail the subject matter on which each expert is expected to-testify, the substance of the facts and opinions on which each expert is expected to testify * * * and a summary of the grounds for each expert's opinion" (CPLR 3101 [d][1][i]). In this case, we find that the expert's testimony, "while not following precisely the formulation of the [defendant's] response [to the plaintiff's demand for expert witness information], was not so inconsistent with the information and opinions contained therein, nor so misleading, as to warrant preclusion of the expert testimony or reversal" ( Hageman v. Jacobson, 202 A.D.2d 160, 161; see, Weiss v. Berardi, 237 A.D.2d 596; Beard v. Brunswick Hosp. Ctr., 220 A.D.2d 550; Citron v. Northern Dutchess Hosp., 198 A.D.2d 618). The plaintiff also challenges the admission into evidence of the opinion of the defendant's expert regarding the recovery rate of patients given CPR outside a hospital setting as compared to the recovery rate of those given CPR inside a hospital setting on the ground that the expert was permitted to rely on out-of-court statistical material.