Augustine v. Tandle

—'Order unanimously reversed, without costs, and new trial granted. Memorandum: In this filiation proceeding the trial court found that the appellant was the father of a male child bom to petitioner out of wedlock on June 4, 1970 as the result of an alleged act of intercourse between the parties on August 7, 1969. Petitioner called respondent as a witness as part of her case. He asserted, his privilege under section 531 of the Family Court Act and was excused. After petitioner rested respondent sought to testify as part of his case but was refused permission to do so by the court. Respondent…