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Appellate Terms of the Supreme Court of New York, 1965

Walker Discount Corp. v. Sapin

Walker Discount Corp. v. Sapin
Appellate Terms of the Supreme Court of New York · Decided August 26, 1965
48 Misc. 2d 277; 264 N.Y.S.2d 841; 1965 N.Y. Misc. LEXIS 1554

Counsel

Schulz S Fay (Gabriel V. Fay of counsel), for appellant. Sugarmcm, Kuttner é Fuss (Eugene L. Sugarman of counsel), for respondents.

Walker Discount Corp. v. Sapin

Opinion of the Court

Per Curiam.

Even if the witness was not acquainted with the speaker and therefore did not recognize his voice at the time of the telephone conversation, the telephone conversation is admissible if the witness testifies that he met the speaker thereafter and then recognized his voice as the voice he had heard *278over the telephone. The difference affects the weight rather than the competency of the evidence (Richardson, Evidence [9th ed.], § 384, subd. [f], p. 368).

The judgment should be reversed and new trial ordered, with $30 costs to appellant to abide the event.

Concur — Tilzeb, J. P., Hecht and Hoestadteb, JJ.

Judgment reversed, etc.

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