Scalone v. Scalone

Action for a declaratory judgment whereby plaintiffs seek a determination that the infant plaintiff Virginia Patricia Scalone is the daughter of the plaintiffs Eggers. The point made by the defendant that this court lacks jurisdiction to determine, in this action, the issue of paternity, is untenable (Matter of Melis v. Department of Health, 260 App. Div. 772, 775; Urquhart v. Urquhart, 185 Misc. 915, affd. 270 App. Div. 759; 188 Misc. 613, affd. 272 App. Div. 60, affd. 297 N. Y. 689).

In brief, the evidence establishes that Mrs. Eggers, while she was the wife of the defendant Howard A.…