Kamp v. Tiffany Knits, Inc.

Appellate Terms of the Supreme Court of New York

Kamp v. Tiffany Knits, Inc.

79 Misc. 2d 239, 360 N.Y.S.2d 147, 1973 N.Y. Misc. LEXIS 1275

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 12, 1973

StatusPublished

Cited by1 cases

This text of 79 Misc. 2d 239 (Kamp v. Tiffany Knits, Inc.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kamp v. Tiffany Knits, Inc., 79 Misc. 2d 239, 360 N.Y.S.2d 147, 1973 N.Y. Misc. LEXIS 1275 (N.Y. Ct. App. 1973).

Pincite

Opinion

Memorandum. Orders reversed, without costs, and plaintiff’s motion granted.

Plaintiff is entitled over the adverse party’s objection ,to conduct an examination before trial with the aid of a tape recorder (Catapano v. Shapiro, 6 A D 2d 1054). However, due to the present state of technological development in regard to possible tampering, we impose the following conditions and restrictions on its use:

(1) The testimony must be transcribed and submitted to the witness within 30 days and then corrected, approved and executed by him.

(2) Upon trial, the recording disc or tape may not be produced, used or offered in evidence.

(3) Only the signed examination before trial may be used at thé trial.

(4) Defendant may simultaneously record the testimony on a device of his own choice.

Margett, P. J., and Schwartzwald, J., concur; Rinaldi, J., taking no part.

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