Claim of Gregory v. Marstin Press, Inc.

Appellate Division of the Supreme Court of New York

Claim of Gregory v. Marstin Press, Inc.

18 A.D.2d 944, 237 N.Y.S.2d 625, 1963 N.Y. App. Div. LEXIS 4426

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

DecidedFebruary 7, 1963

StatusPublished

This text of 18 A.D.2d 944 (Claim of Gregory v. Marstin Press, Inc.) 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

Claim of Gregory v. Marstin Press, Inc., 18 A.D.2d 944, 237 N.Y.S.2d 625, 1963 N.Y. App. Div. LEXIS 4426 (N.Y. Ct. App. 1963).

Pincite

Opinion

The sole issue, as stated by appellants, “is the validity of the finding of partial dependency of the decedent’s mother.” There is substantial evidence that the expenses of the household, consisting of decedent’s parents, his younger brother and himself, exceeded $4,000 per year, inclusive of income tax and other withholdings from the father’s wages, after adjustment for tax refunds; against which were applied the father’s gross wages of $2,900 and contributions of from $260 to $520 by the brother, and that the resulting deficit was absorbed by decedent’s contributions of $1,300, which contributions could be, and were found to exceed the eoát of decedent’s room and board and to aid his mother’s support. The credibility of the evidence was, of course, for the board the correct tests of dependency were applied and the award was proper. (Matter of Kaiser v. U. S. O. Camp Shows, 269 App. Div. 915, affd. 296 N. Y. 532; Matter of Martorana v. Tensolite Insulated Wire Co., 14 A D 2d 462; Matter of Jardine v. Drake-Crafe-Winston-Tecon-Conduit, 5 A D 2d 727.) Decision and award affirmed, with eoSts to the Workmen’s Compensation Board. Bergan, P. J., Gibson, Reynolds and Taylor, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

The sole issue, as stated by appellants, “is the validity of the finding of partial dependency of the decedent’s mother.” There is substantial evidence that the expenses of the household, consisting of decedent’s parents, his younger brother and himself, exceeded $4,000 per year, inclusive of income tax and other withholdings from the father’s wages, after adjustment for tax refunds; against which were applied the father’s gross wages of $2,900 and contributions of from $260 to $520 by the brother, and that the resulting deficit was absorbed by decedent’s contributions of $1,300, which contributions could be, and were found to exceed the eoát of decedent’s room and board and to aid his mother’s support. The credibility of the evidence was, of course, for the board the correct tests of dependency were applied and the award was proper. (Matter of Kaiser v. U. S. O. Camp Shows, 269 App. Div. 915, affd. 296 N. Y. 532; Matter of Martorana v. Tensolite Insulated Wire Co., 14 A D 2d 462; Matter of Jardine v. Drake-Crafe-Winston-Tecon-Conduit, 5 A D 2d 727.) Decision and award affirmed, with eoSts to the Workmen’s Compensation Board. Bergan, P. J., Gibson, Reynolds and Taylor, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

18 A.D.2d 944, 237 N.Y.S.2d 625, 1963 N.Y. App. Div. LEXIS 4426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-gregory-v-marstin-press-inc-nyappdiv-1963.

Opinion

Related

Cite This Page — Counsel Stack