MATTER OF JOHNSON v. BIRDS EYE FROZEN FOODS


32 A.D.2d 585 (1969)

In the Matter of the Claim of Dorothea Johnson, Respondent, v. Birds Eye Frozen Foods et al., Appellants. Workmen's Compensation Board, Respondent

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

April 21, 1969


GIBSON, P. J.

It is clear beyond dispute that decedent permanently abandoned claimant in 1947 and that some time thereafter she went to live with another man in an illicit relationship that continued for five years and terminated prior to decedent's death in 1962. Upon the record, the board was warranted in finding no abandonment by claimant, such as would have entitled decedent to "a judgment of separation on that ground", as provided in subdivision...

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