The thing is what it is, there's nothing that can be done about the thing. Now, on the other hand, that other thing with that guy in that place from the other day? We can talk about that.

I'm sorry that your progress could not be made, but I'm also apologetic over your belief in weather.com.

Morning, Box. Textbook secured for cheaper than bookstore, but still too much IMO. Back to the Shore today/tonight until noonish tomorrow. Then back out here to work Friday night.

Morning B:rolleyes::-:

Wirelessly posted (BlackBerry9630/4.7.1.40 Profile/MIDP-2.0 Configuration/CLDC-1.1 VendorID/105)

Hmmmm...BA brought a witness this morning. Interesting.

Alright New Yorkers, is Chelsea a good place to stay if you're wanting to take in as much of the city as possible in three days?

Custodian of records to prove up documents?

Boyish enthusiasm and perpetual bed-head beats legal shenanigans every day of the week and twice on Sunday.

I'm not native, but I think Chelsea is too low...the lower third of Manhattan needs a day on its own between the WTC site/museum, Chinatown, Little Italy, the Village, etc. I would say stay in Midtown if it's possible to do so; you're close to the stuff that NYC is generally associated with and have a lot more options in the way of mass transit.

We're proactive in this region.

When US' waiver does come, make sure to check to see if the ticket becomes refundable or changeable for a future trip.

Good morning Box.

Unless this person is proving up records, or unless they were somehow personally involved in your transaction, I would be suspicious as to the purpose of this witness.

If the witness does not fall into those categories, I suspect they will attempt to offer some form of "expert" testimony (regarding booking/ticketing process, IT systems, who knows). First off, many small-claims courts have limitations or bars to such testimony (it's supposed to be a court easily accessible to lay-people, not requiring such levels of proof). So, if it's an "expert," I would first try to object on such grounds (if they exist in New York).

Further, an expert has to be qualified by his/her training, education and experience as an expert in the area in which he/she will be giving testimony, the scientific methodology underlying the witness' proposed testimony must be sound, and his/her testimony must be relevant to the issue at hand, and that testimony must be reasonably calculated to assist the trier of fact (here, the judge) in reaching a decision on some ultimate issue.

If they try to weasel in some "expert" testimony, you have a right to object to the witness' qualifications, and to cross-examine them as to their education, training, experience (etc.), and the soundness of the scientific methodology underpinning his/her testimony.

The relevance of their proposed grounds of testimony (and whether it's in any way more helpful than lay testimony) are more of a legal argument that would be made to the judge, rather than an issue for cross-examination. Under no circumstances should any purported expert be allowed to testify without a proper predicate laid for their claimed area of expertise, as well as a proper predicate for the "scientific" basis of their testimony (is their hypothesis testable, has it been peer-reviewed, was this opinion formed only for the purposes of litigation, etc.).

ETA - Going back to the admissibility of expert testimony in small-claims proceedings... normal court proceedings involve extensive discovery, where experts are disclosed (and their qualifications or methodology can be challenged) well in advance of trial. It would be inequitable to allow them to present scientific/expert testimony without any prior notice to you, as this constitutes unfair surprise and/or trial by ambush, neither of which is in keeping with sound public policy.

It's all walkable and you can get anywhere via subway. If hotels are cheaper in Chelsea then I would highly recommend it. Your wife will especially enjoy the Chelsea/Greenwich village area.

When are you thinking of coming up? If you want to do a half day in Hoboken let me know. Again, your wife will love the shops (reasonably priced) there and perhaps we can get rolov to join us for a beer while the girls shop.

Good morning. Somehow my TV was left on the NFL Network and they are showing live practice of the Pro Bowl. :rolleyes: My reaction - the weather looks amazing down in south Florida. Sunny and mid 70s. Ahhh. It will be in the low 70s/upper 60s in Houston today, though it will be cloudy.

Not a lawyer but what ALCO said.

^

We would be up there for Valentine's Day weekend. We were thinking Boston but we've done and seen just about everything there is to see there.

Would you fly in to EWR or LGA when staying in Chelsea? The hotels are definitely cheaper there.