FITZPATRICK v. SCOTT


4 A.D.2d 738 (1957)

Bernard V. Fitzpatrick, as Commissioner of Public Welfare of Albany County, Respondent, v. Richard Scott, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 13, 1957


The issue in this paternity proceeding is solely one of credibility. The mother swore that relations with defendant occurred which could, in point of time, account for her pregnancy. Defendant denied any personal acquaintance with the mother and swore that he only "knows" who she is as a person who has gone by his house. At the time in issue the mother lived at 110 Dongan Avenue and defendant at 119 Dongan Avenue, Albany. One witness testified that she had carried messages...

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