Hypo Holdings, Inc. v. Feuer

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 *723failed to produce competent “secondary evidence” that did not offend any other exclusionary rule or policy (Schozer v William Penn Life Ins. Co. of N.Y., 84 NY2d 639, 643-645 [1994]). Contrary to the plaintiffs contention, the verified complaint was not admissible as a past recollection recorded, as it was drafted by outside counsel and based…