Majority
p. 721William J. Evans, Jr., Appellant, v Pyong H. Alzona, as Mother and Natural Guardian of Urie Evans, an Infant, et al., Respondents.
Order of the Supreme Court, Suffolk County, dated July 17, 1975, affirmed, with $50 costs and disbursements. In our opinion, plaintiff’s motion was properly denied and the complaint was properly dismissed (see Fink v Goldblatt, 18 AD2d 629 , affd 13 NY2d 957 ). We also find plaintiff’s allegations with respect to the commission and discovery of the alleged fraud so unspecific and tenuous as to be insufficient as a matter of law. This further ground warrants denial of plaintiffs motion to require the child to submit to a blood grouping test and dismissal of the complaint. Hopkins, Acting P. J., Latham, Christ, Titone and Hawkins, JJ., concur.
Cases cited
- Fink v. Goldblatt 13 NY2d 957 p. 721