BREEZY POINT COOP., INC. v. YOUNG


234 A.D.2d 409 (1996)

651 N.Y.S.2d 121

Breezy Point Cooperative, Inc., et al., Respondents, v. Thomas H. Young, Appellant

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

December 16, 1996


Ordered that the order is reversed insofar as appealed from, with costs, and that branch of the plaintiffs' motion which was to preclude the defendant from using any audio tapes at trial to impeach witnesses is denied.

The Supreme Court erred in holding that the defendant was precluded from using any audio tapes at trial to impeach witnesses on the ground that the defendant secretly recorded conversations he had with the plaintiffs and nonparty witnesses. These tapes...

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