WEED v. ST. JOSEPH'S HOSP.


245 A.D.2d 713 (1997)

665 N.Y.S.2d 750

Daniel D. Weed, as Administrator of The Estate of Charlene A. Chichester, Deceased, and as Guardian of Mary E. Weed, an Infant, Respondent, v. St. Joseph's Hospital et al., Appellants

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

December 11, 1997


Peters, J.

Charlene A. Chichester (hereinafter decedent) lived with plaintiff and their child (born in 1987) until she died intestate on June 11, 1990. Although the child's birth certificate listed plaintiff as the father, no order of foliation existed prior to decedent's death. Thereafter, he continued to reside with the child.

In July 1990, plaintiff consulted with counsel in connection with the settlement of the estate. An affidavit from counsel...

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