Baranowski v. Luciano

Appellate Division of the Supreme Court of New York

Baranowski v. Luciano

23 A.D.2d 815, 258 N.Y.S.2d 582, 1965 N.Y. App. Div. LEXIS 4500

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 8, 1965

StatusPublished

Cited by4 cases

This text of 23 A.D.2d 815 (Baranowski v. Luciano) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baranowski v. Luciano, 23 A.D.2d 815, 258 N.Y.S.2d 582, 1965 N.Y. App. Div. LEXIS 4500 (N.Y. Ct. App. 1965).

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Opinion

— 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, disclosés 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.) (Appeal from order of Monroe Family Court, adjudging respondent to be the father of a child bom out of wedlock and directing payment of support, expenses and counsel fees.) Present — Williams, P. J., Bastow, Goldman, Henry and Del Vecehio, JJ.

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— 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, disclosés 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.) (Appeal from order of Monroe Family Court, adjudging respondent to be the father of a child bom out of wedlock and directing payment of support, expenses and counsel fees.) Present — Williams, P. J., Bastow, Goldman, Henry and Del Vecehio, JJ.

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Bluebook (online)

23 A.D.2d 815, 258 N.Y.S.2d 582, 1965 N.Y. App. Div. LEXIS 4500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baranowski-v-luciano-nyappdiv-1965.

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