ALEVY v. UMINER

Nos. 5178, 601934/06

88 A.D.3d 477 (2011)

930 N.Y.S.2d 188

2011 NY Slip Op 7124

STEVEN M. ALEVY, Doing Business as BANKERS CAPITAL REALTY ADVISORS, Appellant, v. ISAAC UMINER, Respondent, et al., Defendants.

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

Decided October 11, 2011.


The first cause of action is based upon defendant Uminer's alleged breach of a written independent contractor agreement (ICA). During the trial, the court granted defendant's motion in limine pursuant to CPLR 4401 to the extent of precluding plaintiff from introducing into evidence any document that was purported to be the parties' original ICA or any copy thereof. The ruling was based upon the court's misgivings about plaintiff's eleventh hour proffer of a claimed duplicate...

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