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Baranowski v. Luciano

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 8, 1965
23 A.D.2d 815 (N.Y. App. Div. 1965)

Opinion

April 8, 1965

Appeal from the Monroe Family Court.

Present — Williams, P.J., Bastow, Goldman, Henry and Del Vecchio, JJ.


Order unanimously reversed and a new trial granted. Memorandum: The determination of the Trial Judge was contrary to the weight of the evidence. Further, in this filiation proceeding the testimony, construed most favorably to the complainant, discloses that the period of gestation falls short of the generally accepted 280 days. One version of the complainant's testimony would make the period of gestation far short of 280 days. Nevertheless, there was no medical testimony to support either computation, and without it we cannot properly pass upon the question of paternity. (Schatkin, Disputed Paternity Proceedings [3d ed.], pp. 519, 520, 523.)


Summaries of

Baranowski v. Luciano

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 8, 1965
23 A.D.2d 815 (N.Y. App. Div. 1965)
Case details for

Baranowski v. Luciano

Case Details

Full title:JUDITH A. BARANOWSKI, Respondent, v. JAMES LUCIANO, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 8, 1965

Citations

23 A.D.2d 815 (N.Y. App. Div. 1965)

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