PROWDA v. WILNER


217 A.D.2d 287 (1995)

634 N.Y.S.2d 866

Karen Prowda, Respondent, v. Martin T. Wilner, Appellant

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

December 7, 1995


Attorney(s) appearing for the Case

Chernin & Gold, Binghamton (Wiley, Rein & Fielding, Washington, D.C. [Daniel E. Troy] of counsel), for appellant.

Lewis & Shapiro, Endicott (Richard C. Lewis of counsel), for respondent.

MIKOLL, J. P., CREW III and SPAIN, JJ., concur with YESAWICH JR., J.; CASEY, J., dissents in a separate opinion.


YESAWICH JR., J.

Plaintiff commenced this divorce proceeding in July 1993, approximately two months prior to giving birth to a daughter, alleged to be the only child of the parties' brief marital union. Defendant contends that plaintiff engaged in an extramarital sexual relationship about the time of conception and, consequently, that he lacks sufficient knowledge to confirm or deny plaintiff's allegation that...

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