Legal Opinion

Commissioner of Welfare v. Simon

Appellate Division of the Supreme Court of the State of New York

Decided April 21, 1964PublishedCited by 2 opinions

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

  1. Commercial Casualty Insurance v. RomanNew York Court of Appeals · 1936
  2. In re SebringAppellate Division of the Supreme Court of the State of New York · 1933
  3. 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

  1. Sternemann v. LangsAppellate Division of the Supreme Court of the State of New York · 1983
  2. Felt v. OlsonAppellate Division of the Supreme Court of the State of New York · 1980

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