(DOWNLOAD) "Milton C. Hill v. Wisteria Hill" by Supreme Court of New York " Book PDF Kindle ePub Free
eBook details
- Title: Milton C. Hill v. Wisteria Hill
- Author : Supreme Court of New York
- Release Date : January 27, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
In order to prove her claim of parentage, the wife, pursuant to subdivision (a) of section 3121 of the Civil Practice Law and Rules, moved for a blood grouping test. Special term denied her motion. The propriety of such denial, under the circumstances here, must now be determined. The statute (CPLR 3121, subd. [a]) provides: ""After commencement of an action in which the * * * blood relationship of a party * * * is in controversy, any party may serve notice on another party to submit to a * * * blood examination"". Concededly, defendant lived with plaintiff as his wife from June, 1949 to March, 1960. The boy David was born during the year 1954. The court has power to direct a blood grouping test in an action where the legitimacy of a child is in issue (Kwartler v. Kwartler, 291 N. Y. 689; O'Brien v. O'Brien, 4 A.D.2d 867; Anonymous v. Anonymous, 1 A.D.2d 312). In the last case (Anonymous v. Anonymous, supra, p. 316), it was held: ""Reason and logic, as well as a recognition of the modern advances in science, compel a determination that the presumption of legitimacy is not conclusive but rebuttable. The probative value of the results of skillfully conducted blood grouping tests has been widely accepted. The tests of course will be relevant only if they show noncompatibility as between the blood of defendant, the plaintiff, and the twins. If so, such evidence should be deemed conclusive as to non-paternity."" But unlike the case at bar, in the Anonymous case the husband was seeking a divorce; and, as proof of the alleged adultery, sought a blood test to prove the paternity of twins born to the defendant. Here, the defendant wife, who has counterclaimed for divorce and custody of the child, has concealed from plaintiff the true paternity of the child and has lived with the plaintiff, while the plaintiff has supported the child for six years and still claims to be the father of the child. In Matter of Findlay (253 N. Y. 1, 7-8) the court said: ""Potent, indeed, the presumption [of legitimacy] is, one or the strongest and most persuasive known to the law * * * and yet subject to the
 "Milton C. Hill v. Wisteria Hill" by Supreme Court of New York " Book PDF Kindle ePub Free){kind=link}