Alevy v. Uminer

The first cause of action is based upon defendant Uminer’s alleged breach of a written independent contractor agreement (ICA). During the trial, the court granted defendant’s motion in limine pursuant to CPLR 4401 to the extent of precluding plaintiff from introducing into evidence any document that was purported to be the parties’ original ICA or any copy thereof. The ruling was based upon the court’s misgivings about plaintiffs eleventh hour proffer of a claimed duplicate original ICA. The court found the proffer to be at odds with an affidavit by which plaintiff had previously stated that…