Anonymous v. Anonymous

This action seeks a judgment declaring paternity. Plaintiff, an infant aged 3 years, by his mother as guardian ad litem, alleges that one of the defendants has been since 1944 his mother’s husband; that the other defendant is in fact his father, the plaintiff having been conceived as the result of adulterous intercourse between his mother and such defendant. He prays judgment declaring, among other things, which of the defendants is his father. The defendant not the husband of the guardian ad litem moves to dismiss the complaint as not stating a cause of action.

The sufficiency of the…