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GRIVAS v. PORT AUTH.

165 Misc.2d 653 (1995)

630 N.Y.S.2d 444

Gloria Grivas, Individually and as Administratrix of The Estate of Olivieri Pena, Also Known as Frank Pena, Deceased, Plaintiff, v. Port Authority of New York and New Jersey, Defendant and Third-Party Plaintiff. George Campbell Painting Corp., Third-Party Defendant.

Supreme Court, New York County.

February 6, 1995

Attorney(s) appearing for the Case

Francis W. Turner, P. C., New York City (Sharon Schweidel of counsel), for defendant and third-party plaintiff. Kelly Sackman Spollen & Upton, Greenlawn (William Upton of counsel), for plaintiff. Gottsman Wolgel Secunda Malamy & Flynn, New York City, for third-party defendant.

WILLIAM J. DAVIS, J.

The issue presented is one of first impression. It is solely an issue of law for the court. The court is required only to interpret statutes and analyze relevant case law.

May a wrongful death cause of action be interposed on behalf of an infant born after the death of the alleged father, where the only proof of paternity is a Family Court filiation order granted in a proceeding...

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