Walker Discount Corp. v. Sapin

Appellate Terms of the Supreme Court of New York

Walker Discount Corp. v. Sapin

48 Misc. 2d 277, 264 N.Y.S.2d 841, 1965 N.Y. Misc. LEXIS 1554

CourtAppellate Terms of the Supreme Court of New York

DecidedAugust 26, 1965

StatusPublished

Cited by1 cases

This text of 48 Misc. 2d 277 (Walker Discount Corp. v. Sapin) 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

Walker Discount Corp. v. Sapin, 48 Misc. 2d 277, 264 N.Y.S.2d 841, 1965 N.Y. Misc. LEXIS 1554 (N.Y. Ct. App. 1965).

Pincite

Opinion

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 [278]*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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