On February 9, 2023, the First Department issued a decision in Hua Jun “Coco” Han v. Chen, 2023 NY Slip Op. 00728, affirming the dismissal of claims for failure to offer expert testimony in support of them, explaining:
Supreme Court correctly granted summary judgment to defendants dismissing the portion of plaintiff’s first breach of contract claim involving the sale of antiques and the fraudulent inducement claim, due to plaintiff’s failure to proffer an expert witness under the Commercial Division rules who could opine about the authenticity of the items allegedly sold. Plaintiff’s resulting inability to prove the antiques and coins were inauthentic defeats her allegations of a contractual breach and that false statements were made. Since the fraudulent inducement claim was properly dismissed, plaintiff’s demand for punitive damages arising from that cause of action was also properly dismissed.
(Internal citations omitted).