Humphrey v. Norden

Is an admission of paternity made to a social worker by the reputed father, in the presence of the mother, a privileged communication under CPLR 4508? In this paternity proceeding, petitioner attempted to introduce the testimony of a registered social worker of the Jewish Family Service, who interviewed both petitioner and respondent during the pregnancy of the petitioner. Respondent maintains that any statements made by him while both he -and petitioner were meeting with the social worker are privileged by CPLR 4508.

As set forth in Matter of Clear (58 Misc 2d 699, 702), four fundamental…