We are taking the landlord to court for allowing harassment and threats to occur by another tenant against us. In a mediation, despite the complaints, he took the side of the menacing tenant. (we have strong reason to believe that his response was fueled by prejudice). One of his managers keeps calling us and told us because we were taking them to court, he was taking it personal and that he will make sure we are evicted. We understand by law, we can withhold rent if a problem persist and is not resolved. We know that they breach the contract for habitability. Is it legal in New York State to record a conversation with this individual as long as we are engaged in the conversation without her knowing and use it in court?