GOTTHELF v. HILLCREST LBR. CO.


280 A.D. 668 (1952)

Oscar Gotthelf, Respondent, v. Hillcrest Lumber Co., Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

November 25, 1952.


Attorney(s) appearing for the Case

Charles Feit (Harold M. Brown, attorney), for appellants.

Fred S. Weitzner (Lester Feuerstein with him on the brief), for respondent.

COHN and BREITEL, JJ., concur with PECK, P. J.; DORE and CALLAHAN, JJ., dissent in opinion.


PECK, P. J.

The question on this appeal is whether, over the objection of a party being examined before trial, a mechanical recording device may be used to take down the testimony.

The objections are made that rule 129 of the Rules of Civil Practice, relating to the manner of taking testimony by deposition, requires the use of a stenographer, that the use of a recording machine is an infringement of the right of privacy, and that a machine is...

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