Opinion
November 27, 1967
Judgment of the Supreme Court, Nassau County, entered February 24, 1965, affirmed, with costs. The trial court barred testimony as to alleged admissions made by defendant Petrocelli at a hearing at the Department of Motor Vehicles. The receipt of such testimony would not have violated the best evidence rule ( People v. Colon, 281 App. Div. 354, 356). Since we are of the opinion that the decedent's contributory negligence was established as a matter of law (cf. Axelrod v. Krupinski, 302 N.Y. 367) the error, if any, does not warrant a new trial. Christ, Acting P.J., Rabin, Hopkins, Benjamin and Munder, JJ., concur.