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SZWARCE v. BUENAVENTURA

301 N.Y. 558 (1950)

Mira S. Szwarce, Appellant and Respondent, v. Pastor R. Buenaventura, Respondent and Appellant.

Court of Appeals of the State of New York.

Decided May 25, 1950

Attorney(s) appearing for the Case

Louis Jay Brecher and Maurice Freiman for plaintiff, appellant and respondent.

Israel Lerner, Francis J. Greco and Herman Strizver for defendant, respondent and appellant.

Concur: LOUGHRAN, Ch. J., LEWIS, DESMOND, DYE and FULD, JJ.; FROESSEL, J., dissents in part in opinion in which CONWAY, J., concurs.

Order affirmed, without costs.

FROESSEL, J. (dissenting).

In this paternity proceeding, the Court of Special Sessions of the City of New York made an order of filiation, and also awarded counsel fees to plaintiff's attorney. We are all agreed that the order of the Appellate Division should be affirmed insofar as it modified the order of filiation by reducing the monthly allowance for support of the infant; we are not in agreement as to its reversal...

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