WENER v. WENER


35 A.D.2d 50 (1970)

Murray Wener, Appellant-Respondent, v. Elaine Wener, Respondent-Appellant

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

July 13, 1970.


Attorney(s) appearing for the Case

Halper, Passick & Prince (Richard M. Gottlieb and Wallace Prince of counsel), for appellant-respondent.

Ritter & Ritter (Alfred Ritter of counsel), for respondent-appellant.

Maurice I. Rappaport, guardian ad litem in person.

RABIN, HOPKINS, BRENNAN and BENJAMIN, JJ., concur.


CHRIST, P. J.

The question posed by this appeal is whether a husband may be required to support a child whom he has neither fathered nor adopted. It is a question of first impression upon the facts presented.

The parties were married in 1952 and lived together as man and wife until December, 1959. There is no issue of the marriage. In October, 1958 the defendant wife went to Florida and obtained a newly...

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