Commissioner of Welfare v. Simon
Appellate Division of the Supreme Court of the State of New York
1Per curiam
Although respondent-appellant admitted having repeated acts of sexual intercourse with petitioner for a four-year period preceding the birth of the child and continuing after the child was born, his defense in this filiation proceeding is predicated on a contention that he was sterile at the time of conception and therefore incapable of fathering the child. In substantiation of that defense, appellant offered the testimony of a physician who claimed to be a specialist in venereal diseases. After expressing skepticism as to that physician’s qualifications to testify in the field of fertility…
2Cases cited3 opinions
- Commercial Casualty Insurance v. RomanNew York Court of Appeals · 1936
- In re SebringAppellate Division of the Supreme Court of the State of New York · 1933
- Fighter Steel Corp. v. P. T. Cox Construction Co.Appellate Division of the Supreme Court of the State of New York · 1943
3Cited by2 opinions
- Sternemann v. LangsAppellate Division of the Supreme Court of the State of New York · 1983
- Felt v. OlsonAppellate Division of the Supreme Court of the State of New York · 1980