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Michael Hoenig is a member of Herzfeld & Rubin. Michael Hoenig

Last month’s column, “Recent Expert Reliability Rulings,” NYLJ (Oct. 15, 2019), focused on a number of federal “gatekeeping” decisions under Daubert and Federal Evidence Rule 702. In this column, the focus shifts from the federal reliability test to the Frye and Parker (7 N.Y.3d 434 (2006)) expert reliability tests applied in the New York state courts. A July 30 trial court decision seems to teach valuable lessons for lawyers as it wrestles on how to decide an exquisite battle of expert opinions by well-qualified neurologists. Litigators may well take sides on this interesting one.

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