Mr. Eliot W. Berry

Eliot W. Berry & Co., Inc.
501 Fifth Avenue - Suite 1802
New York, NY 10017
Web Site
Phone: 212-768-7000
Mr. Eliot W. Berry

As a real estate appraiser familiar with court work, I listen well, write clearly, prepare with care, and work well as part of a legal team. In 27 years in the real estate business, I have appraised property in fifteen states and Canada and have been the chief outside narrative real estate appraiser for City of New York. The NYCcontract was renewed three times. I have a diverse client base, which is heavily involved with lawyers. I have had experience working with the US Government and a variety of corporate and private clients. I have appeared in the Supreme Courts of Manhattan, Queens, Brooklyn and the Bronx on tax cert and matrimonial matters. I enjoy the give-and-take of testimony - a responsible individual working within a team concept. In matrimonial matters I am often asked to be a neutral appraiser. I also have appeared frequently at New York City Board of Standards and Appeals in matters related to zoning variances.

Background

Q: Please list your professional accreditations, degrees, licenses, and certificates granted:
A: ASA, Senior Member, American Society of Appraisers, State Accredited Affiliate of the Appraisal Institute, Licensed General Real Estate Appraiser, New York and Pennsylvania. BA, University of Pennsylvania, Ph.D., University of London (English).

Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: Former chief outside appraiser for the City of New York. Senior Member, American Society of Appraisers (ASA); Affiliate Member, Appraisal Institute; Treasurer, The Zoning Council of New York City).

Q: Please list any teaching or speaking experience you have had, including subject matter:
A: Taught at college level for three years prior to entering real estate in 1980. I taught English and American Lit and writing.

Q: Have any of your accreditations ever been investigated, suspended or removed? (if yes, explain)
A: No.

Q: On how many occasions have you been retained as an expert?
A: 50.

Q: For what area(s) of expertise have you been retained as an expert?
A: Tax cert, matrimonial matters, real estate disputes. Also expert testimony at New York Board of Standards and Appeals related to zoning variances and development.

Q: In what percentage of your cases were you retained by the plaintiff?
A: In most matters I represent the plaintiff. In tax cert matters, I have always been retained by plaintiff, generally against the City of New York. I have worked for the Federal Government in matters that culd have gone to court but did not. In matrimonial matters I have often been court appointed as the neutral appraiser.

Q: In what percentage of your cases were you retained by the defendant?
A: 20%.

Q: On how many occasions have you had your deposition taken?
A: Just once.

Q: When was the last time you had your deposition taken?
A: Ten years ago.

Q: On how many occasions have you been qualified by a court to give expert testimony?
A: 30-40 times. Testimony in the Supreme Courts of Manhattan, Brooklyn, Bronx and Queens, Westchester County, and in New Jersey courts. Have also testified under oath frequently at the New York City Board of Standards and Appeals.

Q: On how many occasions have you testified as an expert in court or before an arbitrator?
A: 20-30 times.

Q: For how many years have you worked with the legal industry as an expert?
A: First tetstified before Judge Stanley Parness in Manhattan Supreme Court in 1992.

Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
A: Real estate appraisals (narrative), economic feasibility analyses before Board of Standards and Appeals in New York, site and development analysis, coop and condominium valuations, as well as analysis of investment opportunities in variety of real property.

Q: What is your hourly rate to consult with an attorney?
A: $200-$300.

Q: What is your hourly rate to review documents?
A: $150.

Q: What is your hourly rate to provide deposition testimony?
A: $200 an hour with a minimum of $1000 per day.

Q: What is your hourly rate to provide testimony at trial?
A: $250 an hour with a minimum of $1200 per day. I frequently charge a minimum total fee rather than bill by the hour.

Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
A: Travel expenses if out of New York City. All other charges contained in total fee. Or to be determined with client.

References

References available upon request.

Publications