Johnson v. Berger

The petitioner herein seeks a declaration of paternity against the respondent and support for a child born to her on January 21, 1959, out of wedlock. The mother and child are residents of Denmark, and it is not disputed that conception and birth occurred abroad. There is no question of jurisdiction in the case. (See Matter of Urbancig v. Pipitone, 23 A D 2d 193.)

The respondent, however, moves to dismiss the petition on the ground that the issues have already been adjudicated in Den*514mark prior to commencement of this proceeding in or about March, 1965. He acknowledges paternity of the child in…