Viles v. Woermann

Appellate Division of the Supreme Court of New York

Viles v. Woermann

274 A.D. 788, 81 N.Y.S.2d 196, 1948 N.Y. App. Div. LEXIS 3349

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

DecidedJune 22, 1948

StatusPublished

Cited by3 cases

This text of 274 A.D. 788 (Viles v. Woermann) 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

Viles v. Woermann, 274 A.D. 788, 81 N.Y.S.2d 196, 1948 N.Y. App. Div. LEXIS 3349 (N.Y. Ct. App. 1948).

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Opinion

Satisfactory evidence of a postmature birth is lacking in this case and the complainant has thus failed to make a sufficiently convincing showing to sustain the order of filiation. There should be a new .trial, with the opportunity to adduce medical evidence. The appeal does not raise the question of the admissibility of the hospital records under section 412 of the Civil Practice Act, so we do not pass upon the admissibility of such records. Evidence relating to the confinement and birth may be obtained by deposition, if not produced , at the trial. Order reversed and a new trial ordered,.without costs. Present —Peek, P. J., Glennon, Dore, Van Voorhis and Shientag, JJ.; Shientag, J., dissents and votes to affirm. Settle order on notice.

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Satisfactory evidence of a postmature birth is lacking in this case and the complainant has thus failed to make a sufficiently convincing showing to sustain the order of filiation. There should be a new .trial, with the opportunity to adduce medical evidence. The appeal does not raise the question of the admissibility of the hospital records under section 412 of the Civil Practice Act, so we do not pass upon the admissibility of such records. Evidence relating to the confinement and birth may be obtained by deposition, if not produced , at the trial. Order reversed and a new trial ordered,.without costs. Present —Peek, P. J., Glennon, Dore, Van Voorhis and Shientag, JJ.; Shientag, J., dissents and votes to affirm. Settle order on notice.

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Bluebook (online)

274 A.D. 788, 81 N.Y.S.2d 196, 1948 N.Y. App. Div. LEXIS 3349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/viles-v-woermann-nyappdiv-1948.

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