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Claim of Khvedchinia v. Greenwood Cemetery

254 A.D. 717 Court N.Y. App. Div. Decision date 1938-04-27 English

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p. 717
In the Matter of the Claim of Josephine Khvedchinia, Appellant, against The Greenwood Cemetery, Respondent. State Industrial Board, Respondent.

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.