The rule requires the production of an original writing where its contents are in dispute and sought to be proven. Under an exception to the rule, secondary evidence of the contents of an unproduced original may be admitted if the trial court finds that the proponent has sufficiently explained the unavailability of the original and that the secondary evidence reliably and accurately portrays the original. The fact-finder will determine the weight to be given to the secondary evidence.
Casanas v. Carlei Group, LLC, NY Slip Op 06787 (1st Dep't December 2, 2021)
