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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kent v. 534 East 11th Street, 80 A.D.3d 106 (2010)

Citation
Kent v. 534 East 11th Street, 80 A.D.3d 106 (2010)
Parent Document
Kent v. 534 East 11th Street, 80 A.D.3d 106 (2010)
Jurisdiction
New York (state)
Effective Date
2010-10-28

Other Sections in This Document (44)

Full Text

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The court allows expert testimony only where the principles and methodology relied upon by the expert have gained general acceptance within the scientific community. (People v Wesley, 83 NY2d 417, 422-423 [1994].) The record reflects that the plaintiff’s expert, Evan Browne of JLC, possessed only an asbestos inspector’s certification, and the plaintiff does not allege asbestos contamination. Also, the unsworn reports of alleged environmental testing submitted in opposition to the motion for summary judgment were insufficient to rebut defendants’ entitlement to summary judgment. (See Briggs v 2244 Morris L.P., 30 AD3d 216 [1st Dept 2006] [hearsay is insufficient to warrant denial of summary judgment where, as here, it is the only evidence submitted in opposition].)