Zinovy Brodsky - Page 120




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          those duplicates would have been voluminous.  On the record                 
          before us, we find that petitioner has failed to establish that             
          the documents that certain of respondent’s employees reviewed in            
          preparing the material entries that are the subject of respon-              
          dent’s evidentiary objection are voluminous and could not have              
          been conveniently examined in court.  On that record, we find               
          that FRE 1006 does not permit petitioner to use those entries to            
          show the payors of the checks and the money order in question.              
               Although petitioner does not advance any argument under FRE            
          1007, we believe that that rule is applicable in resolving                  
          respondent’s evidentiary objection.  FRE 1007 provides:                     
                    Contents of writings, recordings, or photographs                  
               may be proved by the testimony or deposition of the                    
               party against whom offered or by that party’s written                  
               admission, without accounting for the nonproduction of                 
               the original.                                                          
          On the record before us, we find that the material entries that             
          are the subject of respondent’s evidentiary objection constitute            
          respondent’s written admission that those entries reflect the               
          information contained in the documents used to create such                  
          entries.18  On that record, we also find that other entries in              
          respondent’s workpapers to which respondent objects under FRE               
          1002 constitute respondent’s written admission that those entries           
          reflect the information contained in the documents used to create           
          such entries.                                                               

               18In this connection, we note that respondent does not                 
          contend that the information contained in those entries is                  
          inaccurate, nor do we question on the record before us the                  
          accuracy of such information.                                               





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