Ambac Assurance Corp. v. Countrywide Home Loans, Inc.

Appellate Division of the Supreme Court of New York

Ambac Assurance Corp. v. Countrywide Home Loans, Inc.

2017 NY Slip Op 1296, 147 A.D.3d 574, 46 N.Y.S.3d 789

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 16, 2017

Docket3147N 651612/10

StatusPublished

This text of 2017 NY Slip Op 1296 (Ambac Assurance Corp. v. Countrywide Home Loans, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ambac Assurance Corp. v. Countrywide Home Loans, Inc., 2017 NY Slip Op 1296, 147 A.D.3d 574, 46 N.Y.S.3d 789 (N.Y. Ct. App. 2017).

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Opinion

Order, Supreme Court, New York County (Eileen Bransten, J.), entered on or about October 27, 2015, which, insofar as appealed from as limited by the briefs, granted plaintiffs’ motion to strike all legal opinions in the expert report of James R Corcoran, dated April 1, 2015, including sections V.B, V.C and V.D and paragraphs 22 and 113, and to preclude Corcoran from testifying regarding any legal opinions at trial, unanimously affirmed, with costs.

The court properly exercised its discretion in precluding defendant’s expert from offering opinions and testimony concerning the legal issues of the availability of certain remedies and the burden of proof that may apply to plaintiffs’ claims (see Colon v Rent-A-Center, 276 AD2d 58, 61 [1st Dept 2000]).

Concur — Richter, J.P., Manzanet-Daniels, Gische, Webber and Kahn, JJ.

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Order, Supreme Court, New York County (Eileen Bransten, J.), entered on or about October 27, 2015, which, insofar as appealed from as limited by the briefs, granted plaintiffs’ motion to strike all legal opinions in the expert report of James R Corcoran, dated April 1, 2015, including sections V.B, V.C and V.D and paragraphs 22 and 113, and to preclude Corcoran from testifying regarding any legal opinions at trial, unanimously affirmed, with costs.

The court properly exercised its discretion in precluding defendant’s expert from offering opinions and testimony concerning the legal issues of the availability of certain remedies and the burden of proof that may apply to plaintiffs’ claims (see Colon v Rent-A-Center, 276 AD2d 58, 61 [1st Dept 2000]).

Concur — Richter, J.P., Manzanet-Daniels, Gische, Webber and Kahn, JJ.

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Bluebook (online)

2017 NY Slip Op 1296, 147 A.D.3d 574, 46 N.Y.S.3d 789, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ambac-assurance-corp-v-countrywide-home-loans-inc-nyappdiv-2017.

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