40 A.D.2d 656 (1972)

Caryn Y. Robbins, Also Known as Caryn Russell-Farrow Robbins, an Infant by Yvonne Russell-Farrow, Her Mother, et al., Respondents, v. Harold Rubin, Also Known as Harold Robbins, Appellant, et al., Defendants

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

October 19, 1972

Under the fast changing patterns and needs of the child we feel that the questions of the liability and the amount of hospital and other medical and school expenses to be paid by the father should be determined by the trial court. It appears that defendant, although a non-resident, has considerable reachable assets in the State of New York. Furthermore, the record clearly shows that defendant has voluntarily paid large sums for the child's support and that he has never violated any order of the court. Under the circumstances, it was an abuse of discretion for Special Term to require the posting of security. (See Smith v. Hayes, 36 A.D.2d 570.) In the second cause of action, the child's mother seeks reimbursement for expenditures made by her pursuant to an alleged agreement with the defendant. The letter of April 3, 1970 appears to be a commitment to pay the mother for Caryn's support. However, the complaint seeks reimbursement. In view of the conflicting affidavits as to the extent, duration and scope of liability, summary judgment should not have been granted. (See Yourth v. Boggs, 33 A.D.2d 549.)


1000 Characters Remaining reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases