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RYION v. LEN-CO LUMBER CORP.

152 A.D.2d 978 (1989)

Thomas Ryion et al., Appellants, v. Len-Co Lumber Corp., Respondent and Third-Party Plaintiff, et al., Third-Party Defendant

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

July 12, 1989

Judgment unanimously affirmed without costs.

Memorandum:

The testimony of defendant's expert was properly admitted. The court sustained plaintiffs' objection to the expert's reference to a test report not in evidence and instructed the jury to ignore all references to such report. An expert may express an opinion based upon assumed facts in the form of a hypothetical question so long as the facts assumed are fairly...

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