Practice point: A writing is ordinarily not relevant at
trial in the absence of evidence to show it was made,
signed or adopted by a particular person. A private document offered to prove the
existence of a valid contract cannot be admitted into evidence unless
its authenticity and genuineness have been properly established.
Student note: A document's authenticity may be established by submitting the document with a certificate of acknowledgment.
Case: Fairlane Fin. Corp. v. Greater Metro Agency, Inc., NY Slip Op 05875 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Establishing ownership through adverse possession.
