" Anonymous " v. " Anonymous "

This is a motion for a new trial by the complainant, in a filiation case, on the ground of newly discovered evidence, pursuant to subdivision 8 of section 31 of the New York City Criminal Courts Act. The majority of the court (Heller and Schwartz, JJ.), after trial, denied a filiation order, Mr. Justice Rossbach voting to grant the order. Subsequently, the complainant appealed to the Appellate Division, First Department, and that appeal is now pending. Complainant now moves for a new trial.

At this point I deem it appropriate to set forth some of the evidence at the trial in order to show why…