Claim of Kluss v. Levene's Son, Inc.

Appellate Division of the Supreme Court of New York

Claim of Kluss v. Levene's Son, Inc.

269 A.D. 801, 55 N.Y.S.2d 108, 1945 N.Y. App. Div. LEXIS 3912

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

DecidedMay 16, 1945

StatusPublished

Cited by5 cases

This text of 269 A.D. 801 (Claim of Kluss v. Levene's Son, 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 Kluss v. Levene's Son, Inc., 269 A.D. 801, 55 N.Y.S.2d 108, 1945 N.Y. App. Div. LEXIS 3912 (N.Y. Ct. App. 1945).

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Opinion

—Appeal by the employer and insurance carrier from the State Industrial Board’s decision and award of death benefits made consequent upon the death of an employee. The award was made for the benefit of a minor child as an acknowledged illegitimate, posthumous, dependent child of the decedent. Concededly the child was born out of lawful wedlock. The findings of decedent’s [802]*802paternity, his acknowledgement thereof and the fact of dependency are amply supported by evidence. We think that the statutory specification of an "acknowledged illegitimate child dependent upon the deceased” (Workmen’s Compensation Law, § 2, subd. 11) includes such a child born posthumously. Decision and award affirmed, with costs to the State Industrial Board. All concur. [See post, p. 912.]

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—Appeal by the employer and insurance carrier from the State Industrial Board’s decision and award of death benefits made consequent upon the death of an employee. The award was made for the benefit of a minor child as an acknowledged illegitimate, posthumous, dependent child of the decedent. Concededly the child was born out of lawful wedlock. The findings of decedent’s [802]*802paternity, his acknowledgement thereof and the fact of dependency are amply supported by evidence. We think that the statutory specification of an "acknowledged illegitimate child dependent upon the deceased” (Workmen’s Compensation Law, § 2, subd. 11) includes such a child born posthumously. Decision and award affirmed, with costs to the State Industrial Board. All concur. [See post, p. 912.]

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Bluebook (online)

269 A.D. 801, 55 N.Y.S.2d 108, 1945 N.Y. App. Div. LEXIS 3912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-kluss-v-levenes-son-inc-nyappdiv-1945.

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