Opinion
December 10, 1970
Appeal from the Monroe County, Family Court.
Present — Goldman, P.J., Marsh, Witmer, Gabrielli and Henry, JJ.
Orders unanimously reversed on the law and facts, without costs, and new trial granted. Memorandum: Appellant has been adjudged to be the father of a child born to the petitioner on March 31, 1969. Upon the trial, appellant was prevented from cross-examining petitioner regarding her course of conduct at a motel with another man and certain claimed acts of intercourse with other men. The court's limitation of the interrogation of petitioner was, under the circumstances revealed by the record, error ( Commissioner of Welfare of City of N.Y. v. Wynkoop, 15 A.D.2d 457). Critical to the resolution of the issues herein was the credibility of her testimony, and any promiscuity on her part would tend to affect materially her credibility ( Matter of Wickham v. Barbera, 279 App. Div. 953). Bearing in mind "the practical impossibility of direct contradiction of the complainant upon the issue [of paternity], we must consider the more carefully her credibility as revealed by her own testimony and by contradictions thereof" ( Drummond v. Dolan, 155 App. Div. 449, 450-451). Appellant should have been afforded an opportunity to inquire into petitioner's relationship with other men and the court's denial of this right to appellant seriously prejudiced his rights. In the light of our determination, it is unnecessary to reach the other assigned errors.