Legal Opinion
Albert C. v. Joan C.
Appellate Division of the Supreme Court of the State of New York
Decided April 22, 1985PublishedCited by 8 opinions
1Opinion of the Court
*804What is at stake in the underlying action is the paternity of a 17-year-old child. Pursuant to CPLR 1001 (a), persons who might be inequitably affected by a judgment in an action should be made a party thereto. A child whose paternity is being refuted, as in the instant case, clearly constitutes such a person. Accordingly, a resolution of the issues raised by plaintiff’s action requires the joinder of his purported daughter so that all persons whose interests are affected will be before the court (see, Matter of Fellner v McMurray, 41 AD2d 853, 854). Upon remittitur, a guardian ad litem shall…
2Cases cited4 opinions
- Mtr. Lezette v. Bd. of Educ., HudsonNew York Court of Appeals · 1974
- First National Bank v. . ShulerNew York Court of Appeals · 1897
- Ozols v. HenleyAppellate Division of the Supreme Court of the State of New York · 1981
- Fellner v. McMurrayAppellate Division of the Supreme Court of the State of New York · 1973
3Cited by8 opinions
- Tyrone G. v. Fifi N.Appellate Division of the Supreme Court of the State of New York · 1993
- Wedgewood Care Ctr., Inc. v. KravitzAppellate Division of the Supreme Court of the State of New York · 2021
- Richard W. v. Roberta Y.Appellate Division of the Supreme Court of the State of New York · 1995
- New Medico Associates, Inc. v. Empire Blue Cross & Blue ShieldAppellate Division of the Supreme Court of the State of New York · 1999
- Town of Brookhaven v. Marian Chun Enterprises, Inc.New York Court of Appeals · 1988
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