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HAAG v. BARNES

11 A.D.2d 430 (1960)

Dorothy Haag, Also Known as Dorothy Hawthorne, Appellant, v. Norman Barnes, Respondent

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

November 29, 1960.

Attorney(s) appearing for the Case

Alfred A. Rosen for appellant.

Phoenix Ingraham for respondent.

BREITEL, J. P., and McNALLY, J., concur with STEVENS, J.; BASTOW, J., dissents and votes to remand in opinion, in which VALENTE, J., concurs.

STEVENS, J.

This paternity proceeding was instituted pursuant to section 64 of the New York City Criminal Courts Act. The complaint was dismissed on motion on the ground that a contract previously entered into between the parties, in Illinois, was a bar to this proceeding. Complainant appeals from such determination.

Complainant, then and since 1947 a resident of New York, met defendant, a resident of...

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