PASCOCELLO v. JIBONE

6550N, 156445/14, 153494/14.

161 A.D.3d 516 (2018)

73 N.Y.S.3d 434

2018 NY Slip Op 03466

June M. Pascocello, Respondent, v. Augustine Jibone et al., Appellants. Carole Antouri, Respondent, v. Augustine Jibone et al., Appellants. (And a Third-Party Action.)

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

Decided May 10, 2018.


An expert's opinion "must be based on facts in the record or personally known to the witness" (Hambsch v New York City Tr. Auth., 63 N.Y.2d 723, 725 [1984] [internal quotation marks omitted]; see Roques v Noble, 73 A.D.3d 204, 206 [1st Dept 2010]), and in the absence of such record support, an expert's opinion is without probative force (see Diaz v New York Downtown Hosp.,

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