Walker Discount Corp. v. Sapin

Full title: WALKER DISCOUNT CORP., Appellant, v. JOSEPH SAPIN et al., Respondents

Court: Supreme Court, Appellate Term, First Department

Date published: Aug 26, 1965

48 Misc. 2d 277 (N.Y. App. Term 1965)

264 N.Y.S.2d 841

Opinion

August 26, 1965

Appeal from the Civil Court of the City of New York, County of Bronx, LOUIS PECK, J.

Schulz Fay ( Gabriel V. Fay of counsel), for appellant.

Sugarman, Kuttner Fuss ( Eugene L. Sugarman of counsel), for respondents.

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 over 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 — TILZER, J.P., HECHT and HOFSTADTER, JJ.

Judgment reversed, etc.