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Matter of Margaret v. Gilbert

Court of Appeals of the State of New York
Apr 5, 1977
363 N.E.2d 712 (N.Y. 1977)

Summary

In Margaret B. the respondent raised the affirmative defense of the Statute of Limitations. Petitioner, in order to toll the two-year limitation, had to produce evidence of respondent's written acknowledgment of paternity or past support of the child.

Summary of this case from Matter of Pamela P. v. Ray J

Opinion

Argued February 18, 1977

Decided April 5, 1977

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, KENNETH L. SHORTER, J.

Esther D. Curtwright, Jeffrey E. Glen and John H. Kirklin for appellant.

W. Bernard Richland, Corporation Counsel (Diane R. Eisner and L. Kevin Sheridan of counsel), for respondent.


Order reversed, without costs, and petitioner's motion denied on the dissenting opinion by Mr. Justice LOUIS J. CAPOZZOLI at the Appellate Division ( 51 A.D.2d 456, 461-462). Question certified answered in the negative.

Concur: Chief Judge BREITEL and Judges GABRIELLI, WACHTLER, FUCHSBERG and COOKE. Judges JASEN and JONES dissent and vote to affirm on the opinion by Mr. Justice SAMUEL J. SILVERMAN at the Appellate Division ( 51 A.D.2d 456, 457-461).


Summaries of

Matter of Margaret v. Gilbert

Court of Appeals of the State of New York
Apr 5, 1977
363 N.E.2d 712 (N.Y. 1977)

In Margaret B. the respondent raised the affirmative defense of the Statute of Limitations. Petitioner, in order to toll the two-year limitation, had to produce evidence of respondent's written acknowledgment of paternity or past support of the child.

Summary of this case from Matter of Pamela P. v. Ray J

In Matter of Margaret B. v Gilbert W. (41 N.Y.2d 971) the Court of Appeals ruled that the privilege extended to pretrial inquiry as to respondent's name, addresses and Social Security number.

Summary of this case from Matter of Pamela P. v. Ray J
Case details for

Matter of Margaret v. Gilbert

Case Details

Full title:In the Matter of MARGARET B., Respondent, v. GILBERT W., Appellant

Court:Court of Appeals of the State of New York

Date published: Apr 5, 1977

Citations

363 N.E.2d 712 (N.Y. 1977)
363 N.E.2d 712
395 N.Y.S.2d 162

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