MATTER OF McLASKEY v. CITY OF NEW YORK


277 A.D. 1068 (1950)

In the Matter of the Claim of Eileen McLaskey, Respondent, v. City of New York, Appellant. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 15, 1950.


The sole issue presented at the hearings before the Referee was whether or not the claimant was the legal widow of the deceased employee. The first wife of the decedent obtained a divorce against him in New York State on the ground of adultery on July 6, 1945. On September 27, 1945, two months and twenty-one days later, decedent married claimant in New York State. This purported marriage was clearly void ab initio if the first wife was then living. (Domestic Relations...

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