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WALKER DISC. CORP. v. SAPIN

48 Misc.2d 277 (1965)

Walker Discount Corp., Appellant, v. Joseph Sapin et al., Respondents.

Supreme Court, Appellate Term, First Department.

August 26, 1965

Attorney(s) appearing for the Case

Schulz & Fay (Gabriel V. Fay of counsel), for appellant. Sugarman, Kuttner & Fuss (Eugene L. Sugarman of counsel), for respondents.

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

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...

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