Legal Opinion

Claim of Dellaca v. T. J. Hughes Construction Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 12, 1960Published

1Opinion of the Court

Appeal by an employer and its insurance carrier from a decision and award of the Workmen’s Compensation Board for death benefits, appellants contesting the board’s finding of a valid common-law marriage between decedent and claimant. Claimant separated from her husband in 1926 and in 1929 began living with decedent in New York. The husband died in 1937 and shortly thereafter claimant and decedent moved to New Jersey and for about a year lived together there as husband and wife, holding themselves out as such, and being thus recognized by claimant’s adult children; after which they returned to…

2Cases cited6 opinions

  1. Gall v. . GallNew York Court of Appeals · 1889
  2. In Re the Estate of HaffnerNew York Court of Appeals · 1930
  3. Leeds v. JoyceAppellate Division of the Supreme Court of the State of New York · 1922
  4. Leeds v. . JoyceNew York Court of Appeals · 1923
  5. Matter of Hill v. VroomanNew York Court of Appeals · 1926

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