Sirico v. Cotto

67 Misc. 2d 636, 324 N.Y.S.2d 483 (1971)

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Sirico v. Cotto

Civil Court of the City of New York
67 Misc. 2d 636, 324 N.Y.S.2d 483 (1971)

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  • Written by Sean Carroll, JD

Facts

In a personal injury action, Sirico (plaintiff) called a doctor to testify about what he discovered in an X-ray of Sirico’s spine. On the stand, the doctor had with him his report that he prepared after examining the X-ray, but Sirico did not produce the X-ray, nor did he give an explanation of the X-ray’s whereabouts. Cotto (defendant) objected to the doctor’s testimony about the X-ray.

Rule of Law

Issue

Holding and Reasoning (Younger, J.)

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Evidence

Key Terms

  • Best-Evidence RuleProvides that a party cannot prove the contents of a document by testimony or a copy of the document unless the original is shown to be unavailable through no fault of the party.

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