Ordered that the order dated April 9, 2010, is reversed, on the facts and in the exercise of discretion, and the plaintiff's motion for summary judgment on the issue of liability is denied; and it is further,
Ordered that the appeal from the order dated October 18, 2010, is dismissed; and it is further,
Ordered that one bill of costs is awarded to the defendant.
"The oft-mentioned and much misunderstood best evidence rule simply requires the production...
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