ANDREW T. v. YANA T.

3155, 310049/07.

74 A.D.3d 687 (2010)

902 N.Y.S.2d 818

ANDREW T., Respondent, v. YANA T., Appellant.

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

Decided June 29, 2010.


The parties were granted an uncontested divorce on the grounds of constructive abandonment, based on the plaintiff's sworn statement that defendant refused to have sexual relations with him for a period of one year prior to commencement of the divorce action. Just over a year after the divorce judgment was entered, plaintiff brought the instant application seeking to establish his paternity of defendant's child, alleging that he was unaware that she was pregnant when he commenced...

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