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CALDWELL v. CABLEVISION CORP.

No. 19.

20 N.Y.3d 365 (2013)

984 N.E.2d 909

960 N.Y.S.2d 711

2013 NY Slip Op 783

BESSIE CALDWELL et al., Appellants, v. CABLEVISION SYSTEMS CORPORATION et al., Defendants, and COMMUNICATIONS SPECIALISTS, INC., Respondent.

Court of Appeals of New York.

Decided February 7, 2013.

Attorney(s) appearing for the Case

Profeta & Eisenstein, New York City ( Fred R. Profeta, Jr. , of counsel), and Schlemmer & Maniatis, LLP, for appellants.

Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success ( Christopher Simone and Scott M. Fusaro of counsel), and Wilson, Elser, Moskowitz, Edelman & Dicker LLP, for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ and SMITH concur.

OPINION OF THE COURT

PIGOTT, J.

At issue on this appeal is whether the testimony of a subpoenaed fact witness, who receives a fee alleged to be disproportionately in excess of CPLR 8001 (a)'s mandatory fee requirement for attendance at trial, is inadmissible as a matter of law. We conclude that such testimony is generally admissible, but that the trial court should, in a proper case, charge the jury as to...

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