DURAN v. NASSAU COUNTY

ORDERED that the judgment is affirmed, with one bill of costs.

The court properly sustained several objections to the plaintiff's questions to witnesses. Contrary to the plaintiff's contentions, the questions either lacked factual support in the record or sought the opinions of experts without laying a proper foundation. The general rule is that "opinion evidence must be based on facts in the record or personally known to the witness * * * He cannot reach his conclusion by assuming material facts not supported by evidence" (Cassano v. Hagstrom, 5 N.Y.2d 643, 646 ; see also, Gilleo v. Horton Mem. Hosp., 196 A.D.2d 569 ).

The plaintiff's remaining contentions are without merit.

O'BRIEN, J.P., RITTER, SANTUCCI, and FLORIO, JJ., concur.