NY CPLR § 4506 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 45 - Evidence 4506 - Eavesdropping Evidence; Admissibility; Motion to Suppress in Certain Cases.

§  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 be received  in  evidence  in  any  trial, hearing or proceeding before any court or grand jury, or before any  legislative  committee,  department, officer,  agency, regulatory body, or other authority of the state, or a political   subdivision   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; or  (c) A person against whom the overhearing or  recording  described  in paragraphs (a) and (b) was directed.   3.  An  aggrieved person who is a party in any civil trial, hearing or proceeding before any court, or before any department, officer,  agency, regulatory  body,  or  other  authority  of  the  state,  or a political subdivision thereof, may move to suppress the contents of any  overheard or  recorded  communication,  conversation  or  discussion  or  evidence derived therefrom, on the ground that:  (a) The  communication,  conversation  or  discussion  was  unlawfully overheard or recorded; or  (b) The eavesdropping warrant under which it was overheard or recorded is insufficient on its face; or  (c)   The   eavesdropping   was   not  done  in  conformity  with  the eavesdropping warrant.   4. The motion prescribed in subdivision three of this section must  be made  before  the judge or justice who issued the eavesdropping warrant. If no eavesdropping warrant was issued, such motion must be made  before a  justice  of  the  supreme court of the judicial district in which the trial, hearing or proceeding  is  pending.  The  aggrieved  person  must allege in his motion papers that an overheard or recorded communication, conversation or discussion, or evidence derived therefrom, is subject to suppression  under  subdivision  three  of  this  section, and that such communication, conversation or discussion,  or  evidence,  may  be  used against  him  in the civil trial, hearing or proceeding in which he is a party. The motion must be made prior to the commencement of such  trial, hearing  or  proceeding,  unless  there  was no opportunity to make such motion or the aggrieved person was not  aware  of  the  grounds  of  the motion.  If  the  motion  is  granted,  the contents of the overheard or recorded communication, conversation or discussion or  evidence  derived therefrom,  may  not  be  received  in evidence in any trial, hearing or proceeding.