Taylor v. Diamond
This text of 241 A.D. 702 (Taylor v. Diamond) 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.
Opinion
Order of filiation of the Court of Special Sessions of the City of New York, Borough of Brooklyn, and order denying motion that blood tests be taken, unanimously affirmed, with costs. The case of Hayt v. Brewster, Gordon & Co., Inc. (199 App. Div. 68) was determined on the statute (formerly section 873 of the Code of Civil Procedure, now section 306 of the Civil Practice Act). In the absence of statutory authority, the Court of Special Sessions in a paternity proceeding may not compel blood tests to be taken. There is no such authority to be found in the Inferior Criminal Courts Act (Art. V), relating to paternity proceedings triable exclusively in the Court of Special Sessions of the City of New York. Present — Lazansky, P. J., Young, Kapper, Carswell and Davis, JJ.
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241 A.D. 702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-diamond-nyappdiv-1934.