EXPERT’S PHOTOGRAPHS LACKED A “PROPER FOUNDATION”
After its expert’s testimony was precluded by the New York County Supreme Court an appeal followed.
On its review, the Appellate Division, First Department, noted that the photographs, upon which the expert relied, lacked a “proper foundation.” Among other things, there was no testimony as to “who took the photographs, where they were taken, or when.”
The defendant also failed to show that its expert’s opinion was based on data “specific to the subject accident.”
Given those deficiencies, the expert’s testimony was found to lack “probative value,” and was properly excluded.
Was there a crack in that foundation?
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DECISION