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LOCKE v. ASTON

31 A.D.3d 33 (2006)

814 N.Y.S.2d 38

DIANA LOCKE, Appellant, v. SHERRELL J. ASTON, M.D., et al., Respondents.

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

April 18, 2006.

Attorney(s) appearing for the Case

Epstein Becker & Green, P.C., New York City (Donna Marie Werner of counsel), for appellant.

Stillman & Friedman, P.C., New York City (John B. Harris of counsel), for respondents.

TOM, J.P., NARDELLI, CATTERSON and McGUIRE, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

This case presents the novel question of whether California law, which prohibits the taping of a telephone conversation without both parties' knowledge and consent, or New York law, which allows such taping if one party consents, applies to a New York resident's claim for damages for the surreptitious taping of such conversations by a California resident calling him in New York from California.

Plaintiff Diana Locke...

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