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MENA v. KEY FOOD STORES COOP.

191 Misc.2d 469 (2002)

744 N.Y.S.2d 634

NANCY MENA et al., Plaintiffs, v. KEY FOOD STORES CO-OPERATIVE, INC., et al., Defendants.

Supreme Court, Kings County.

May 21, 2002.

Attorney(s) appearing for the Case

Shaffer, Rapport & Schmidt, L.L.P., New York City (Marc A. Rapport of counsel), for plaintiffs.

Epstein, Becker & Green, P.C., New York City (Alesia J. Kantor of counsel), for defendants.

OPINION OF THE COURT

HERBERT KRAMER, J.

May a party be compelled to provide a voice exemplar in a civil proceeding and may he be compelled to do so before a hearing is conducted to test the scientific validity of voice prints?

The underlying complaint alleges the use of racially insensitive language and racial discrimination in the workplace. Plaintiffs possess five allegedly relevant audiotapes...

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