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FAVICCHIO v. STATE OF N. Y.

144 Misc.2d 212 (1989)

Marie Favicchio, as Administratrix of The Estate of Louis Favicchio, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 75798.)

Court of Claims.

June 30, 1989

Attorney(s) appearing for the Case

John Anthony Bonina & Associates (Marilyn Venterina of counsel), for claimant. Robert Abrams, Attorney-General (Wilson, Elser, Moskowitz, Edelman & Dicker and Glenn Dienstag of counsel), for defendant.

GERARD M. WEISBERG, J.

CPLR 4515 provides that an expert witness "may state his opinion and reasons without first specifying the data upon which it is based." Case law holds further that such testimony is not defective even if the underlying analysis is not provided on direct examination. The issues before us now, which are apparently ones of first impression, are: (1) does this evidentiary rule apply to a...

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