Legal Question in Credit and Debt Law in New York

Re: recordings

NYS law allows you to tape record a telephone conversation without the other party's consent and without the other party's knowledge but only if you are one of the parties to the telephone conversation. (If not, then it is not only illegal, it is a felony, a crime.) See sections 250.00 and 250.05 of the New York Penal Law.)

With regard to the issue of admissibility in court of the taped telephone conversation, then my reading of Section 4506 of the CPLR (New York's Civil Practice laws and Rules) suggests that as long as you did NOT violate the law in tape recording the thelephone conversation, then the tapes might be admissible as evidence in court; but, this issue of admissibility in court is outside my experience, and I recommend tghat you get another lawyer's SECOND OPINION on this (and perhaps on the rest of my answewr as well: a second opinion is always a good idea).

Note moreover, that this is only true if both of you are in New York at the time of the telephone conversation at the time you are tape recording. If EITHER of you is OUTSIDE New York while you are tape recording the telephone call, in a state which requires BOTH parties' knowledge and consent to tape recording, then the issue of tape recording a telephone conversation without the other party's knowledge, without the other party's consent, MAY be against the law.

Because of length restrictions on answers I will post an additional, second, followup answer quoting relevant New York statutes.

Re: recordings

Please, LawGuru colleagues: render 2nd opinion on this answer, especialy as to the issue of admissibity in court of any such tape recordings.

This is a followup to my initial answer, with citation of applicable New York statutes:

elow, I quote portions of some of the relevant NYS statutes, adding my own emphasis

by CAPITALIZING selected words: Sections 250.00 and 250.05 of New York State's Penal

Law (NYPL); and, section 4506 of New York's Civil Practice laws and Rules (CPLR)

NYPL § 250.00 Eavesdropping; definitions of terms.

1. "Wiretapping" means the intentional overhearing or recording of a

telephonic or telegraphic communication by a person OTHER THAN A SENDER OR RECEIVER

thereof, WITHOUT THE CONSENT OF ETIHER THE SENDER OR RECEIVER, .....

2. "Mechanical overhearing of a conversation" means the intentional

overhearing or RECORDING of a conversation or discussion, WITHOUT THE CONSENT OF AT

LEAST ONE PARTY thereto, by a person not present thereat . . .

NYPL § 250.05 Eavesdropping.

A person is guilty of eavesdropping when he UNLAWFULLY engages in

wiretapping, mechanical overhearing of a conversation, or intercepting or accessing

of an electronic communication.

Eavesdropping is a class E FELONY

CPLR § 4506. Eavesdropping evidence; admissibility; motion to suppress in

certain cases. 1. The contents of any overheard or RECORDED

communication, conversation or discussion, or evidence derived

therefrom, which has been OBTAINED BY CONDUCT CONSTITUTING THE CRIME OF

EAVESDROPPING, as defined by section 250.05 of the penal law, MAY NOT not be

received in evidence in any trial, hearing or proceeding before any

court or grand jury, ... thereof; provided, however, that such communication,

conversation, discussion or evidence, shall be admissible in any civil or criminal

trial, hearing or proceeding against a person who has, or is alleged to have,

committed such crime of eavesdropping..

2. As used in this section, the term "aggrieved person" means:

(a) A person who was a sender or receiver of a telephonic or

telegraphic communication which was intentionally OVERHEARD OR RECORDED BY A PERSON

OTHER THAN THE SENDER OR RECEIVER thereof, WITHOUT THE CONSENT OF THE SENDER OR

RECEIVER, by means of any instrument, device or equipment; or

(b) A party to a conversation or discussion which was intentionally

overheard or RECORDED, WITHOUT THE CONSENT OF AT LEAST ONE PARTY

thereto, by a person not present thereat, by means of any instrument,

device or equipment ....