Legal Opinion

Kerwin v. Collins

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

Decided March 4, 1976Published

1Opinion of the Court

Order, Family Court, New York County, entered on May 28, 1975, dismissing the paternity petition herein, unanimously affirmed, with*909out costs and without disbursements. Petitioner’s lack of knowledge concerning several aspects of respondent’s personal appearance and habits was totally inconsistent with her claim of prolonged intimacy and this factor and her failure to disclose, in two bills of particulars and on direct examination, that she had sexual relations with a (second) man in 1970, allegedly because she "forgot about it” seriously damaged her credibility. "In proceedings of this…

2Cases cited4 opinions

  1. Commissioner of Public Welfare v. RyanAppellate Division of the Supreme Court of the State of New York · 1933
  2. Rebmann v. MuldoonAppellate Division of the Supreme Court of the State of New York · 1965
  3. Commissioner of Welfare v. FieldsAppellate Division of the Supreme Court of the State of New York · 1966
  4. Roth v. MelzerAppellate Division of the Supreme Court of the State of New York · 1970

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