COMM'R OF WELFARE OF THE CITY OF NEW YORK v. WYNKOOP


15 A.D.2d 457 (1961)

Commissioner of Welfare of the City of New York, Respondent, v. Leonard Wynkoop, Appellant

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

December 7, 1961


Orders of filiation entered on October 14, 1960 unanimously reversed on the law, on the facts and in the exercise of discretion, without costs and the proceeding remanded for a new trial.

The defendant has been adjudged the father of twin boys born to the complainant on September 18, 1957. While testifying that she and the defendant engaged in sexual intercourse during the crucial period the complainant did admit on cross-examination — after a denial on direct...

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