AUGUSTINE v. TANDLE


47 A.D.2d 710 (1975)

Andrea Augustine, Respondent, v. Francis J. Tandle, Jr., Appellant

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

February 28, 1975


Order unanimously reversed, without costs, and new trial granted.

Memorandum:

In this filiation proceeding the trial court found that the appellant was the father of a male child born to petitioner out of wedlock on June 4, 1970 as the result of an alleged act of intercourse between the parties on August 7, 1969. Petitioner called respondent as a witness as part of her case. He asserted, his privilege under section 531 of the Family Court Act and was excused...

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