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GRIVAS v. PORT AUTH. OF NEW YORK & NEW JERSEY

227 A.D.2d 105 (1996)

641 N.Y.S.2d 646

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

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

May 2, 1996

While we disagree with the IAS Court that plaintiff administratrix has come forward with proof of paternity sufficient to support the cause of action for wrongful death brought on behalf of the non-marital child and sole distributee of the deceased putative father, we do find the proof sufficient to at least raise an issue of fact as to paternity, and accordingly affirm denial of the motions for summary judgment. Under EPTL 5-4.5, the right of a non-marital child to recover...

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