In Schozer v. William Penn Life Ins. Co. of N.Y., 84 NY2d 639, 643, 644 NE2d 1353 (1994), in an action on an insurance policy, the defendant lost the X ray of the plaintiff's chest after the defendant's radiologist had reviewed and analyzed it. Based thereon, the trial court precluded the defendant from introducing the radiologist's report and testimony concerning what the X ray had showed. After the Appellate Division affirmed, the Court of Appeals reversed and granted a new trial. In Schozer the Court of Appeals held that the trial court should not have precluded the radiologist's report and testimony without having given the defendant the opportunity of establishing that such testimony correctly reflected all of the contents of the original substantially and with reasonable accuracy (id.).