Rotanelli v. Longo

In Rotanelli v. Longo, 210 AD2d 392, (2d Dept 1994) the Court held: "We find no error in the admission of the copy of the loan check into evidence. The defendant admitted that the plaintiff had tendered a check for $12,000 and that he had signed the check over to a business associate for investment in a limited partnership. Because there was no dispute as to the contents of the writing (i.e., the check), but only as to whether the money was intended as a gift or a loan, the best evidence rule did not prevent admission of the check into evidence (see, Richardson, Evidence, 568, 572 et seq. [Prince 10th ed.])."