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HYPO HOLDINGS, INC. v. FEUER

2008-09624

68 A.D.3d 722 (2009)

2009 NY Slip Op 8998

888 N.Y.S.2d 904

HYPO HOLDINGS, INC., Appellant, v. HERBERT F. FEUER et al., Respondents.

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

Decided December 1, 2009.

Ordered that the order is affirmed, with costs.

The Supreme Court properly rejected the referee's report, as it was based upon inadmissible hearsay evidence. Although the plaintiff sufficiently explained the unavailability of the original documents relating to the defendants' mortgage and note, it failed to produce competent "secondary evidence" that did not offend any other exclusionary rule or policy (Schozer v William...

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