MATTER OF RUTLEDGE v. RUTLEDGE


269 A.D.2d 852 (2000)

703 N.Y.S.2d 807

In the Matter of TARA R. RUTLEDGE, Respondent, v. EDGAR B. RUTLEDGE, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided February 16, 2000.


Amended order unanimously affirmed without costs.

Memorandum:

By failing to object to petitioner's testimony concerning the contents of various letters, respondent failed to preserve for our review his present contention that the admission of that testimony violated the best evidence rule (see, CPLR 5501 [a] [3]). Were we to reach the issue, we would conclude that the testimony was properly admitted because petitioner sufficiently explained the unavailability...

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