Legal Opinion
Murtagh v. Murtagh
Appellate Division of the Supreme Court of the State of New York
Decided July 3, 1995PublishedCited by 5 opinions
1Opinion of the Court
In an action for a divorce and ancil*539lary relief, the plaintiff husband appeals from an order of the Supreme Court, Nassau County (Kohn, J.), dated December 8, 1993, which denied his motion to compel the defendant wife and her two children to submit to human leucocyte antigen blood grouping tests.
Ordered that the order is reversed, on the law and the facts, with costs, and the plaintiffs motion is granted.
"A child born during marriage is presumed to be the biological product of the marriage and this presumption has been described as 'one of the strongest and most persuasive known to the law’ ”…
2Cases cited6 opinions
- In Re the Estate of FindlayNew York Court of Appeals · 1930
- Ettore I. v. Angela D.Appellate Division of the Supreme Court of the State of New York · 1987
- David L. v. Cindy Pearl L.Appellate Division of the Supreme Court of the State of New York · 1994
- Kwartler v. KwartlerNew York Court of Appeals · 1943
- Vito L. v. Filomena L.Appellate Division of the Supreme Court of the State of New York · 1991
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Wendy G-M. v. Erin G-M.New York Supreme Court · 2014
- Marilene S. v. David H.Appellate Division of the Supreme Court of the State of New York · 2009
- Montepagani v. New York City Department of HealthAppellate Division of the Supreme Court of the State of New York · 2011
- Johnson v. JonesAppellate Division of the Supreme Court of the State of New York · 1998
- Prowda v. WilnerAppellate Division of the Supreme Court of the State of New York · 1995