Opinion
January 5, 1940.
Joseph D. di Napoli, for the plaintiff.
Aaron L. Gitenstein, for the defendant.
In an action to annul a marriage for fraudulently concealing pregnancy, plaintiff husband seeks a blood grouping test. Defendant opposes because plaintiff has not complied with the order of this court dated December 1, 1939, awarding temporary alimony and counsel fee. Section 306-a of the Civil Practice Act provides that "wherever it shall be relevant to the prosecution * * * of an action" the court " shall direct" such test. Under the circumstances the motion will be granted and the defendant relegated to her other remedies to enforce the provisions of the order. The court will name a physician in the order to be entered hereon, which order shall provide that his fee shall be paid by the plaintiff in advance. Said physician shall submit a report of his findings to counsel for both sides. Settle order on notice.