Hawthorne v. De Both

Order unanimously reversed, on the law and facts, with costs, and a new trial granted before another Judge. Memorandum: An order of filiation previously granted herein was reversed by us on July 6, 1973, (42 AD2d 827) and a new trial granted in a memorandum in which, among other things, we directed (p 828) that petitioner must supply corroborating evidence that the complainant "was with respondent near the time of the conception”. Upon the retrial plaintiff produced two witnesses whose testimony, if believed, supplied corroboration that respondent was having dates with complainant during the…