Goldsmith v. Goldsmith

Order, entered March 30, 1965, unanimously reversed, on the law, with $50 costs and disbursements to the defendant, and motion of the defendant-appellant to dismiss the complaint granted, with $10 costs. The complaint does not *516show the existence of a bona fide justiciable controversy. Absent sueh showing, the court should not take jurisdiction of the action. (See Red Robin Stores v. Rose, 274 App. Div. 462; Robert E. Tompkins, Inc. v. Security Trust Co., 277 App. Div. 1090; Strauss v. University of State of New York, 282 App. Div. 593.) The plaintiff alleges that he is the natural child of…