WASSERSTEIN ENTERS. v. ZURICH INS. CO.


246 A.D.2d 385 (1998)

666 N.Y.S.2d 425

Wasserstein Enterprises, Respondent, v. Zurich Insurance Company, Appellant. (And a Third-Party Action.)

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

January 15, 1998


Defendant's expert's opinion that the roof collapsed because of patent decay, which was based on his after-the-fact observation of dry rot that had caused the paint on a girder to discolor, was speculative insofar as meant to support the conclusion that such discoloration was observable before the roof collapsed, and insufficient to controvert the submissions of plaintiff's experts that their first-hand observations before the collapse did not reveal any observable decay...

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