FRALEY v. MULLER, JR.


283 A.D. 1046 (1954)

Lillie Fraley, as Administratrix of The Estate of Nathaniel Fraley, Deceased, Respondent, v. Henry Muller, Jr., Doing Business as Muller Bros., Defendant, and Henry Fraley, Appellant

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

June 21, 1954.


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...

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