Claim of Nellis v. Diodato

Appellate Division of the Supreme Court of New York

Claim of Nellis v. Diodato

9 A.D.2d 813, 192 N.Y.S.2d 643, 1959 N.Y. App. Div. LEXIS 6161

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

DecidedNovember 13, 1959

StatusPublished

This text of 9 A.D.2d 813 (Claim of Nellis v. Diodato) 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 Nellis v. Diodato, 9 A.D.2d 813, 192 N.Y.S.2d 643, 1959 N.Y. App. Div. LEXIS 6161 (N.Y. Ct. App. 1959).

Pincite

Opinion

Employer and carrier appeal from a decision of the Workmen’s Compensation Board holding that the mother of the deceased employee was partially dependent upon him. Dependency is the only issue. At the time of the decedent’s death, claimant, mother, was divorced and had been residing with her three minor children, including decedent. She was receiving approximately $35 per week for the support of the children, no part of which was for her own support. She had to go to work to support herself. There is evidence that when decedent became 16 years of age and obtained employment he suggested that his mother quit her job and do the housekeeping and care for the family and that he would contribute toward her support. This was done. There is testimony that decedent actually did assist substantially in the expenses of the household by payments directly to his mother. We think the record presents nothing but a question of fact and that there is adequate evidence to sustain the finding of dependency. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Bergan, Coon, Gibson and Herlihy, JJ.

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

Employer and carrier appeal from a decision of the Workmen’s Compensation Board holding that the mother of the deceased employee was partially dependent upon him. Dependency is the only issue. At the time of the decedent’s death, claimant, mother, was divorced and had been residing with her three minor children, including decedent. She was receiving approximately $35 per week for the support of the children, no part of which was for her own support. She had to go to work to support herself. There is evidence that when decedent became 16 years of age and obtained employment he suggested that his mother quit her job and do the housekeeping and care for the family and that he would contribute toward her support. This was done. There is testimony that decedent actually did assist substantially in the expenses of the household by payments directly to his mother. We think the record presents nothing but a question of fact and that there is adequate evidence to sustain the finding of dependency. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Bergan, Coon, Gibson and Herlihy, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

9 A.D.2d 813, 192 N.Y.S.2d 643, 1959 N.Y. App. Div. LEXIS 6161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-nellis-v-diodato-nyappdiv-1959.