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ALEVY v. UMINER

601934/06, 755, 754.

139 A.D.3d 503 (2016)

32 N.Y.S.3d 92

2016 NY Slip Op 03818

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 May 12, 2016.

Plaintiff sued defendant Uminer for breaching a written Independent Contractor Agreement (ICA). Defendant denies that he signed the ICA. He testified that, while he may have signed an agreement, that agreement would have been limited to cooperative mortgages, and was not the ICA. Plaintiff contends that, pursuant to the best evidence rule, which "requires the production of an original writing where its contents are in dispute and...

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