Nott v. Folsom

WEINFELD, District Judge.

These are cross-motions for summary judgment in an action instituted by the plaintiff to recover widow’s benefits under the provisions of the Social Security Act. 1 The parties agree there is no genuine issue of material fact and that the matter is ripe for disposition under the summary judgment rule.

The issue presented is one of novel impression in this District — whether a widow admittedly entitled to benefits under the Act, who enters into a remarriage which is annulled for fraud, is reinstated to her prior status as a widow so as to entitle her to benefit payments…