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STEIN v. EINHORN

2009-10574.

74 A.D.3d 1185 (2010)

902 N.Y.S.2d 431

HERBERT J. STEIN, Respondent, v. JEFFREY EINHORN et al., Appellants.

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

Decided June 22, 2010.

Ordered that the judgment is affirmed, with costs.

The expert testimony of the plaintiff's nursery and horticultural design expert was properly admitted since it was "based on facts in the record and his own analysis, not speculation" (Plainview Water Dist. v Exxon Mobil Corp., 66 A.D.3d 754, 755 [2009]; see Shi Pei Fang v Heng Sang Realty Corp., 38 A.D.3d 520, 521 [2007...

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