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Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I need to take an inept dentist to small claims court. I have

Customer Question

I need to take an inept dentist to small claims court. I have a tape recording on the issues, stating he would reimburse me my monies, if i can find another dentist to do what i had asked him to do. I went for two consultations, i have one stating that i need root canal. The other dentist i need his dental assessment on paper. BIG QUESTION : WOULD MY TAPE RECORDING HOLD UP IN COURT?? IF IT WAS TRANSCRIBED?? i can't afford to do this work on the 5 teeth that was done incorrectly & caused me to not be able to eat on one side. hope you can help, sincerely dawn
Submitted: 2 years ago.
Category: Legal
Expert:  Delta-Lawyer replied 2 years ago.
Yes, the tape recording of the dentist stating that he would reimburse your money should hold up in court. You can either play it into the record or have the transcription ready to put into the record. My advice, after having dealt with the same issue would be to have both ready and able to enter into the record with a copy for the court and a copy for the opposing party. New York is a one party recording state. Therefore, if you were engaged in this conversation, you do not need the dentist's permission to record it (in case they try to bring that up as a defense). You should know the following: New York's wiretapping law is a "one-party consent" law. New York makes it a crime to record to record or eavesdrop on an in-person or telephone conversation unless one party to the conversation consents. N.Y. Thus, if you operate in New York, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance. That said, if you intend to record conversations involving people located in more than one state, you should play it safe and get the consent of all parties. I would also have signed quotes from the other dentist giving an appraisal value of the work that will need to be performed ready to submit to the court as well. Let me know if you have any other questions. Please also rate my answer positively. Best wishes going forward!
Expert:  Delta-Lawyer replied 2 years ago.
Did you have any other questions or comments? I want to make sure you are as comfortable as possible as you move forward. Thanks!