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MATTER OF ATKINSON

103 A.D.2d 960 (1984)

In the Matter of The Estate of Ethel B. Atkinson, Deceased. First National Bank of Cortland et al., as Coexecutors of The Estate of Ethel B. Atkinson, Deceased, Respondents; Young Women's Christian Association of Cortland, New York, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 19, 1984

¶ New York follows the rule that a witness cannot be compelled to give his opinion as an expert against his will (People ex rel. Kraushaar Bros. & Co. v Thorpe, 296 N.Y. 223), but the line between an expert's opinion testimony and fact testimony can be difficult to draw (Plummer v Macy & Co., 69 A.D.2d 765). A distinction has been recognized between an expert's testimony concerning custom and usage of the trade...

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