Rochester Regional Transportation Authority v. Stensrud
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Court:	Appellate Division, Fourth Department
Citation:	2019 NY Slip Op 04612
Petitioner:	Rochester Regional Transportation Authority
Respondents:	John R. Stensrud; Maria B. Stenrud

Facts: In a motion in limine, the Supreme Court struck that portion of respondents’ expert report, which dealt with the investment value of the parcel of land to be acquired by petitioner. The Supreme Court also precluded respondents’ expert from testifying at trial. These two rulings made it impossible for respondents to prove the value of the parcel at issue and respondents appealed.

Holding:The Appellate Division, Fourth Department modified the Supreme Court’s ruling, finding that the respondents’ expert report did include the proper valuation method for an income-producing property. The Appellate Division, Fourth Department also restored the entire expert report and permitted respondents’ expert to testify at trial.

Submitted by: Phil Sanchez, Esq. www.spnylaw.com

Precis:Davida S. Scher