Agreed and understood.. was just considering a line of questions about abandoning claims once challenged in a motion, but until challenged had no problem making unsupportable allegations. Ill leave it alone. Not worth the downside risk.
Thank you all again.
[cid:image421200.jpg@4F912F34.F5CD1930]
Eric Strober????
Partner
477 Madison Avenue
?Suite 410
?New York, NY 10022
D
212.455.9560
T
212.455.9555
F
212.687.9044
926 RXR Plaza
?Uniondale, NY 11556?0926
D
516.357.3434
T
516.357.3000
F
516.357.3333
Eric.Strober@rivkin.com
www.rivkinradler.com
[cid:image776881.png@6D1EC608.254ED8FA]
From: list
To: list
*** Member’s Message ****
Sender: Wayne Cousin
Date: 11/8/2024 10:06:48 AM
I think we agree its possible to do, but is it worth potentially opening the door? That is what you would be doing.
WAYNE COUSIN l Sheeley LLP
PARTNER
100 Wall Street, 19th Floor
New York, New York 10005
Direct: (646) 491-6489X l Cell: (646) 656-1856
Fax: (646)X661-4039X
cousin@sheeleyllp.com
From: list
Sent: Thursday, November 7, 2024 6:47 PM
To: list
Subject: Re: Cross on expert question.
*** Member’s Message ****
Sender: Eric Strober
Date: 11/7/2024 6:45:17 PM
Yeah. Leaning away from it. Was just wondering if even possible. Thank you all.
[cid:image001.jpg@01DB31C6.86567420]
Eric Strober????
Partner
477 Madison Avenue
?Suite 410
?New York, NY 10022
D
212.455.9560
T
212.455.9555
F
212.687.9044
926 RXR Plaza
?Uniondale, NY 11556-0926
D
516.357.3434
T
516.357.3000
F
516.357.3333
Eric.Strober@rivkin.com
www.rivkinradler.com
[cid:image002.png@01DB31C6.86567420]
________________________________
From: list
Sent: Thursday, November 7, 2024 6:39:06 PM
To: list
Subject: [EXTERNAL] RE: Cross on expert question.
*** Member’s Message ****
Sender: Alan Fumuso
Date: 11/7/2024 6:35:06 PM
I tend to agree with Carl on this point. I think a Judge would be on solid ground to limit and/or prevent the inquiry.
Al
From: list
Sent: Thursday, November 7, 2024 5:25 PM
To: list
Subject: RE: Cross on expert question.
*** Member’s Message ****
Sender: Shawn P. Kelly
Date: 11/7/2024 5:24:20 PM
You can cross the pltf on any clams she brought Payne v New Hyde park 2nd dept or Ocampo v Pagan. This would be trued even if she withdrew the claims. I would think the same for the pltf expert if he read the pleadings which I am sure he did.
Shawn P. Kelly
KELLY, RODE & KELLY, LLP
Attorneys at Law
330 Old Country Road, Suite 305
Mineola, NY 11501
Telephone: (516)739-0400
Facsimile: (516) 739-0434
Visit Our Website
From: list
Sent: Thursday, November 7, 2024 5:14 PM
To: list
Subject: Re: Cross on expert question.
*** Member’s Message ****
Sender: Carl Weinberg
Date: 11/7/2024 5:04:09 PM
Hi Eric,
Youre not really attacking the experts credibility, but rather that of the plaintiffs attorney and his/her case-in-general, so I wouldnt think its truly appropriate.
That said, I certainly think its fair game to try. How far the judge lets you go if pltf objects is, Im pretty sure, within the Courts discretion and not subject to review.
Good luck, Carl
Sent from my iPhone
On Nov 7, 2024, at 4:37 PM, list
? *** Member’s Message ****
Sender: Eric Strober
Date: 11/7/2024 4:33:57 PM
Hi all, In an upcoming trial plaintiff started with 4 theories of liability. When challenged on a MSJ, they only opposed or addressed 2, essentially conceding that they could not support the other two claims initially made. Is it fair game to cross the expert on the fact that plaintiff initially brought two totally unsupportable claims and abandoned them when challenged?
Eric Strober????
Partner
477 Madison Avenue
?Suite 410
?New York, NY 10022
D
212.455.9560
T
212.455.9555
F
212.687.9044
926 RXR Plaza
?Uniondale, NY 11556-0926
D
516.357.3434
T
516.357.3000
F
516.357.3333
Eric.Strober@rivkin.com
www.rivkinradler.com
________________________________
NOTICE: This message may contain information that is confidential or privileged. If you are not the intended recipient, please advise the sender immediately and delete this message. See: http://www.rivkinradler.com/disclaimer-electronic-communications/
Confidentiality Notice: This message and any files attached contain PRIVILEGED, CONFIDENTIAL AND/OR PROTECTED INFORMATION. If you are not an intended recipient or otherwise received this e-mail in error, your receipt does not constitute a waiver of any privileges, including the attorney-client privilege. Please notify the sender directly by phone and e-mail and permanently delete the e-mail and any attachments immediately. Any storage on your computer or other storage device, as well as any dissemination, distribution, disclosure, copying or use of the information by you or others is strictly prohibited.