ELLS v. KELLER


7 A.D.2d 714 (1958)

Anne Ells, Respondent, v. Allen Keller, Appellant

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

December 9, 1958


Order of filiation reversed, on the law and on the facts, and in the exercise of discretion the proceeding remanded for a new trial, without costs.

While the defendant gave bizarre and incredible testimony, the proof on behalf of the complainant was also quite unsatisfactory to establish paternity — indeed, in some parts as bizarre as the testimony of defendant. Notably absent from the case was the testimony of a number of other witnesses, including defendant...

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