Fraley v. Muller

Appellate Division of the Supreme Court of New York

Fraley v. Muller

283 A.D. 1046, 131 N.Y.S.2d 479, 1954 N.Y. App. Div. LEXIS 6230

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

DecidedJune 21, 1954

StatusPublished

Cited by2 cases

This text of 283 A.D. 1046 (Fraley v. Muller) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fraley v. Muller, 283 A.D. 1046, 131 N.Y.S.2d 479, 1954 N.Y. App. Div. LEXIS 6230 (N.Y. Ct. App. 1954).

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Opinion

Judgment unanimously reversed, with costs to the appellant, and judgment is directed to be entered in favor of the appellant dismissing the complaint herein, with costs. Settle order, with notice to respondent and to the New York City department of welfare and the New York City corporation counsel. Within the language and meaning of section 133 of the Decedent Estate Law, there was no proof of abandonment or neglect to support by the father. The family unit was on relief between 1932 and 1942. Between 1941 and 1947 appellant was hospitalized. At the commencement of the latter period, although separated from his wife, appellant kept decedent with him. As to the issue of abandonment, upon which Special Term did not pass, there was no evidence to support any finding that appellant abandoned his family. Present — Peek, P. J., Cohn, Callahan, Breitel and Bastow, JJ.

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Judgment unanimously reversed, with costs to the appellant, and judgment is directed to be entered in favor of the appellant dismissing the complaint herein, with costs. Settle order, with notice to respondent and to the New York City department of welfare and the New York City corporation counsel. Within the language and meaning of section 133 of the Decedent Estate Law, there was no proof of abandonment or neglect to support by the father. The family unit was on relief between 1932 and 1942. Between 1941 and 1947 appellant was hospitalized. At the commencement of the latter period, although separated from his wife, appellant kept decedent with him. As to the issue of abandonment, upon which Special Term did not pass, there was no evidence to support any finding that appellant abandoned his family. Present — Peek, P. J., Cohn, Callahan, Breitel and Bastow, JJ.

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Bluebook (online)

283 A.D. 1046, 131 N.Y.S.2d 479, 1954 N.Y. App. Div. LEXIS 6230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fraley-v-muller-nyappdiv-1954.

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