New York Recording Laws
Summary
New York is a one-party consent state, meaning you can legally record conversations you are part of. These recordings can be used in civil litigation. Mediation is not mandatory if you feel it wont be beneficial. You can file a civil suit for nuisance and breach of quiet enjoyment. Consider consulting a local attorney for personalized advice and to address concerns about potential retaliation from neighbors.Full Conversation
Can you tell me if New York is a *-party consent regarding audio recording? I recorded a conversation i had with landlord but he doesnt know i recorded it. Would it be able to be used in any way during any civil litigation
Hey V! Yes, New York is a one-party consent state. This means you can legally record a conversation as long as you are a participant. The recording can be used in civil litigation as evidence.
Do you need more specific information about your situation?
Maybe yes actually, i just wanted to know if the recording could be used. I would be the one starting a civil suit because of issues with neighbors and landlord doing nothing but offer "mediation". I do not believe he is certified as a mediator, do not believe there will be anything good to come from mediation as i am the "injured party" (consistent noise disturbances from upstairs including operatic full volume singing, blaring music and tv, stomping and pounding in bongos for hours etc), and feel like it would be potentially very harmful to my side if i do mediation without a legal rep with me. However, in the recording you can hear manager mention mediation andbi initially agreed but later that day realized how poor of a decision it was to just agree
Hey V! Given your situation, here’s some info:
- New York is a one-party consent state, so your recording is legal and can be used in your civil suit.
- Mediation isn't mandatory, especially if you feel it won't help.
- You can file a civil suit for nuisance and breach of quiet enjoyment.
Would you like to be connected with a local lawyer who can better assist you with your case?
I worry that not only would mediation not be helpful but fear retaliation as i have already spoken twice with neighbor, called cops twice and landlord says he spoke to them once after my first complaint to him. However they not only continue but many times have been even worse now, and seem to also now be following me around my apartment as any joise made in my home (using faucet, flushing toilet, coughing even!) Suddenly i hear heavy stompy footsteps rush over to above where i am standing and then thumps or weird noises. Like my neighbour is standung there fuming and listening to me
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