Montefusco v. Soehl

In a proceeding to establish the paternity of a child born out of wedlock, the respondent appeals from an order of the Family Court, Suffolk County, made October 15, 1963 after a nonjury trial, which declared him to be the father. Order reversed on the law, without costs, and a new trial granted. No questions of fact were considered. The petitioner was 17 years of age when she gave birth to the child. Upon the trial it became apparent during her cross-examination that the appellant would contend that at or about the time of her conception she, at his request, had had sexual relations with…