Marrow v. Marrow

Memorandum: The trial court erred in dismissing plaintiffs complaint for a divorce at the conclusion of the plaintiffs case (see, Crowley v Brown, 91 AD2d 601; Bartkowiak v St. Adalbert’s R. C. Church Socy., 40 AD2d 306). Plaintiff placed into evidence a petition and order of the Family Court in a filiation proceeding brought against the defendant, which determined that defendant was the father of a child born to another woman on January 13, 1978. This, together with the admission of the defendant at an examination before trial that he was paying support for said child, is sufficient to…