Legal Opinion · Dissent

" Anonymous " v. " Anonymous "

New York Court of Special Session

Decided June 24, 1958Published

1DissentJ. Howard Rossbach, J.

The unsuccessful complainant in a paternity action in this court now asks for a new trial on the ground of newly discovered evidence. At the trial an order of paternity was denied by a majority of the court. The undersigned dissented.

On this motion we must determine both whether the new evidence would warrant a new trial, and, if the evidence be sufficient, whether this court has the power to grant this motion where the complainant, rather than the defendant, is the moving party.

At the trial complainant was shown to be far from a model of virtue. Her life was a sordid story of having been “…

2Cases cited5 opinions

  1. Matter of Hogan v. N.Y. Supreme CourtNew York Court of Appeals · 1946
  2. Matter of ClausiNew York Court of Appeals · 1947
  3. Hodson v. HoffAppellate Division of the Supreme Court of the State of New York · 1943
  4. Hodson v. HoffNew York Court of Appeals · 1943
  5. People v. BowersNew York Family Court · 1958

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