A New York court has ruled that DNA testing is necessary to determine the heirship of a Brooklyn property. The case, Moussignac v. Mama Prop. LLC, involves a dispute over a property deed and claims of familial ties. The court's decision could significantly affect the rights of potential heirs and the distribution of the property in question.
The case revolves around Antony Moussignac, who claims to be a daughter of the deceased Andre Amy. Moussignac alleges that Daphne Amy, who sold the property in 2022, fraudulently represented herself as the sole heir. Moussignac contends she is entitled to a share of the property as one of four distributees. The court's ruling on April 13, 2026, allows Moussignac to compel DNA testing to establish her claim.
The parties involved include Antony Moussignac, the plaintiff, and several defendants: Mama Property LLC, City Pro Contractors LLC, Daphne Amy, and Global Serve Title Agency Corp. The dispute arose after Daphne Amy sold the property located at 1804 Brooklyn Avenue for $680,000. Moussignac claims that she is also an heir to the property and that the sale was fraudulent.
The case reached the New York Supreme Court in Kings County after Moussignac filed a motion seeking to compel Daphne Amy to undergo DNA genetic marker testing. This testing aims to establish whether Moussignac is indeed a biological child of Andre Amy. The court filing indicates that Moussignac believes she has a strong claim to the property based on her familial ties.
In its ruling, the court decided to grant Moussignac’s request for DNA testing. Judge Aaron D. Maslow stated, "Plaintiff has satisfied the threshold required for DNA genetic marker testing. The DNA test is material and necessary in the prosecution of this action by Plaintiff." This ruling allows for DNA samples to be collected from both Moussignac and Daphne Amy to determine if they share a common father.
The court noted that Moussignac provided sufficient evidence to support her claim. This included her affirmation that Andre Amy was present at her birth, despite not being listed on her birth certificate. Moussignac's mother, Marie Moussignac, also testified about her relationship with Andre Amy, stating that he acknowledged Moussignac as his daughter.
The ruling also addressed concerns raised by Daphne Amy regarding the reliability of DNA testing and the burden of proof. The court found that the factors outlined in previous cases supported the need for testing. Judge Maslow noted that the practicality of obtaining samples and the absence of any need for exhumation made the testing feasible.
The decision is significant as it sets a precedent for similar cases involving claims of heirship and the use of DNA testing to establish paternity. The court emphasized that the threshold for compelling DNA testing is not as rigorous as previously thought, stating, "it is not a prerequisite that the decedent openly and notoriously acknowledged paternity." This clarification could influence future cases where non-marital children seek to establish their rights to inheritance.
Moving forward, the ruling means that both parties must report to a designated DNA testing facility in Brooklyn by May 29, 2026. This testing will play a crucial role in determining the outcome of the case and whether Moussignac can claim her share of the property.
The court's decision may have broader implications for other potential heirs in similar situations. It reinforces the idea that DNA testing can be a valid method for establishing familial relationships in legal disputes over inheritance. As the case progresses, it will be closely watched by those interested in property rights and familial claims.
As for the next steps, it remains to be seen whether the defendants will appeal the court's ruling. The outcome of the DNA testing will likely influence the future of this case and any related legal actions. Details about any potential appeals or related cases were not available in the court filing.