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WINZELBERG v. 1319 50TH ST.

22221/06.

35 Misc.3d 715 (2012)

940 N.Y.S.2d 854

2012 NY Slip Op 22069

ERICA WINZELBERG, Plaintiff, v. 1319 50TH STREET REALTY CORP. et al., Defendants.

Supreme Court, Kings County.

Decided March 12, 2012.

Attorney(s) appearing for the Case

Litchfield Cavo , New York City, for Fimor Construction Corp. and another, defendants and third-party plaintiffs. Novak, Burnbaum, Crystal, LLP, for 1319 50th Street Realty Corp. and another, defendants. Hagan, Courry & Assoc., Brooklyn, for Ernest Keller, defendant. JT Concrete, defendant pro se. Salzman & Salzman, LLP, Brooklyn, for plaintiff.

OPINION OF THE COURT

HERBERT KRAMER, J.

Is the established inquiry used to determine whether an expert should be disqualified appropriate in cases of seriatim retention of an expert? The two-pronged inquiry utilized to determine whether disqualification is appropriate is applicable to the instant situation, and the movant has failed to meet that burden.

Fimor Construction & Development Corp. moves to disqualify plaintiff's trial expert witness...

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