MATTER OF ORTIZ


60 Misc.2d 756 (1969)

In the Matter of The Estate of Julio S. Ortiz, Deceased.

Surrogate's Court, Kings County.

August 15, 1969


Attorney(s) appearing for the Case

Joseph Klotz for petitioner. Dora Aberlin for claimants.


NATHAN R. SOBEL, S.

This proceeding raises the issue of the right of illegitimate children who have suffered "pecuniary injuries" to share in the distribution of damages recovered in an action for the wrongful death of their putative father.

Two issues are discussed:

I. The rights of such illegitimates under the Equal Protection Clauses of the Federal and State Constitutions (U. S. Const., 14th Amdt.; N. Y. Const., art. I, § 11)....

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