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CLARKE v. RODRIGUEZ

2009-06473

73 A.D.3d 677 (2010)

899 N.Y.S.2d 855

WILLIAM B. CLARKE, Respondent, v. RAFAEL RODRIGUEZ, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 4, 2010.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The plaintiff submitted secondary evidence of the contents of the original contract of sale in this case, which sufficiently explained "the unavailability of the primary evidence" (Schozer v William Penn Life Ins. Co. of N.Y., 84 N.Y.2d 639, 644 [1994]; see Lipschitz v Stein, 

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