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Supreme Court of New York, Appellate Division

HOLDINGS: [1]-Respondents argued that a witness was qualified to offer opinions as a geologist, and while the court recognized that experts who were not appraisers were not categorically excluded from offering valuation opinions, the court agreed that petitioner’s easement did not limit respondents’ rights to lease or otherwise develop gas in any formation other than one and, thus, the witness’s testimony was irrelevant; [2]-As petitioner did not yet make a certain acquisition, the district court properly precluded respondents from presenting evidence on claims relative to certain development rights; [3]-Other remaining arguments were not properly before the court. The order of the lower court was affirmed.