EPSTEIN v. EPSTEIN


285 A.D. 593 (1955)

Louis Epstein, Respondent, v. Rose Epstein, Appellant

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

April 12, 1955.


Attorney(s) appearing for the Case

Raphael H. Rhodes for appellant.

N. H. Elman for respondent.

PECK, P. J., BREITEL and BASTOW, JJ., concur with CALLAHAN, J.; COHN, J., dissents and votes to affirm in opinion.


CALLAHAN, J.

In this action for absolute divorce, framed issues as to certain alleged acts of adultery by defendant were tried by the court and a jury.

There were received in evidence certain mechanical recordings of intercepted telephone messages, which recordings were made by private detectives hired by the plaintiff to tap his home telephone, when it was being used by his wife.

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