Appellate Division of the Supreme Court of New York, 1938

Claim of Khvedchinia v. Greenwood Cemetery

Claim of Khvedchinia v. Greenwood Cemetery
Appellate Division of the Supreme Court of New York · Decided April 27, 1938
254 A.D. 717; 4 N.Y.S.2d 69; 1938 N.Y. App. Div. LEXIS 7237
Claim of Khvedchinia v. Greenwood Cemetery

Opinion of the Court

Appeal from a decision of the State Industrial Board filed December 28, 1936, denying an award in a death claim. The claimant seeks compensation as the widow of the decedent. The evidence justified the State Industrial Board in holding that the claimant entered into a common-law marriage in 1914 with George Chepelewitz; that during the life of the latter and while he was still her husband at common law she assumed to marry Stephen Khvedchinia, the deceased employee; and that there was no adequate proof that the common-law marriage had been dissolved when the second marriage ceremony was performed. Decision unanimously affirmed. Present — Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ.

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