Monday, April 9, 2007

Second-best evidence rules.

The Second Department has upheld a counterclaim to recover on a promissory note even though defendant could not produce the original. In Comerica Bank v. Benedict, decided on April 3, 2007, the court found that defendant had "satisfactorily accounted for her inability to produce the original, thus establishing a foundation for admission of the copy." In addition, the court noted, plaintiff did not dispute the contents of the original promissory note and acknowledged the signature on the copy.