MATTER OF BERK v. BERK


70 A.D.2d 943 (1979)

In the Matter of Gloria Berk, Appellant, v. Harvey Berk, Respondent

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

June 25, 1979


Order reversed, with $50 costs and disbursements, and motion to suppress granted.

When this matter was remitted to the Family Court, we noted that "Whether a conversation or discussion ought to be suppressed under CPLR 4506 depends in critical part on whether there has been `the consent of at least one party' to the conversation or discussion" (Matter of Berk v Berk, supra, p 708). The minutes of the hearing are now before us. What the parties did at...

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