NAPOLI v. BERN

8927, 159576/14.

171 A.D.3d 489 (2019)

95 N.Y.S.3d 792

2019 NY Slip Op 02646

Paul J. Napoli, Respondent, v. Marc J. Bern, Appellant.

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

Decided April 4, 2019.


The Special Referee correctly precluded defendant from calling a computer forensics expert to testify that three electronic documents, i.e., email "read receipts," produced in 2017 on behalf of plaintiff were falsified during litigation, on the ground that whether the email had been read by defendant was a collateral matter, not material to the issue of whether defendant agreed to the 2014 charitable pledge agreement (see Badr v Hogan, 75 N.Y.2d 629...

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