MURPHY v. MURPHY


64 A.D.2d 1030 (1978)

Michael T. Murphy, Appellant, v. Paula E. Murphy, Respondent

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

September 29, 1978


Order unanimously reversed, without costs, and motion granted.

Memorandum:

In plaintiff's action for an annulment or in the alternative for a divorce, Special Term improperly denied plaintiff's motion for an order compelling defendant and her infant child to submit to blood tests pursuant to CPLR 3121 (subd [a]). The cause of action for annulment was based upon allegedly false representations made by defendant that plaintiff was the father of the child. Defendant...

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