Legal Opinion
Kump v. Basnight
Appellate Division of the Supreme Court of the State of New York
Decided September 9, 2002PublishedCited by 5 opinions
1Opinion of the Court
In his motion to dismiss the mother’s paternity petition, the appellant sought to apply the doctrine of equitable estoppel to support his claim that it would be inequitable to him and contrary to the best interests of the child to allow the mother to assert a claim of paternity 12 years after the child was born. The appellant’s motion to dismiss the petition was properly denied. “The paramount concern in applying equitable estoppel [in paternity cases] has been, and continues to be, the best interest of the child” (Jean Maby H. v Joseph H., 246 AD2d 282, 285; see Matter of Ettore I. v Angela…
2Cases cited3 opinions
- Ettore I. v. Angela D.Appellate Division of the Supreme Court of the State of New York · 1987
- Maby H. v. Joseph H.Appellate Division of the Supreme Court of the State of New York · 1998
- Carol S. v. Gerard D.Appellate Division of the Supreme Court of the State of New York · 2000
3Cited by5 opinions
- Greg S. v. Keri C.Appellate Division of the Supreme Court of the State of New York · 2007
- Maurice T. v. Mark P.Appellate Division of the Supreme Court of the State of New York · 2005
- Vernon J. v. Sandra M.Appellate Division of the Supreme Court of the State of New York · 2007
- Jackson v. DeSouzaAppellate Division of the Supreme Court of the State of New York · 2004
- Mayra C. v. Derek C.Appellate Division of the Supreme Court of the State of New York · 2009