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IN OUR April, June and July columns in The New York Law Journal,[1] we reported about a seemingly reinvigorated application of the hearsay rule dooming certain kinds of expert testimony to exclusion. The renewed focus on what experts can and cannot testify about is amply reflected in recent Appellate Division, Second Department, decisions such as Wagman v. Bradshaw,[2] and Adkins v. Queens Van-Plan, Inc.,[3] among others. We are not speaking here only of esoteric expert testimony about exotic scientific literature. The hearsay shadow looms large and threatening over medical expert testimony of the bread-and-butter, garden-variety kind.

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