Claim of Rosenberg v. Ellenville Steam Laundry, Inc.

Appellate Division of the Supreme Court of New York

Claim of Rosenberg v. Ellenville Steam Laundry, Inc.

283 A.D. 901, 130 N.Y.S.2d 144, 1954 N.Y. App. Div. LEXIS 5693

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

DecidedApril 24, 1954

StatusPublished

Cited by1 cases

This text of 283 A.D. 901 (Claim of Rosenberg v. Ellenville Steam Laundry, 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 Rosenberg v. Ellenville Steam Laundry, Inc., 283 A.D. 901, 130 N.Y.S.2d 144, 1954 N.Y. App. Div. LEXIS 5693 (N.Y. Ct. App. 1954).

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Opinion

Appeal from a decision and award of the Workmen’s Compensation Board. Claimant is the mother of the decedent and has received an award of death benefits. The question involved is her dependency. Decedent was twenty-nine years old, unmarried, and lived with both his parents — claimant and his father. He worked about nine months of the year prior to his death. The record strongly indicates that the husband supported claimant. He was earning some $70 a week take-home pay. This was devoted to family purposes. The claimant’s testimony of the support furnished her by the deceased is vague and general. She was unable to remember what money her son gave her except that he “ always gave me money ”. During a particular three weeks while she was in Ellenville she said he did “ all my shopping and paid for everything ” and “ has always paid for my food and stuff ”. This record does not make a fair showing of the extent of her dependency, if any; and certainly it was not a major dependency in view of the support given the claimant by her husband. Award reversed and claim remitted to the Workmen’s Compensation Board for its further proceedings, with costs to appellants against the Workmen’s Compensation Board. Foster, P. J., Bergan, Coon and Imrie, JJ., concur.

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Appeal from a decision and award of the Workmen’s Compensation Board. Claimant is the mother of the decedent and has received an award of death benefits. The question involved is her dependency. Decedent was twenty-nine years old, unmarried, and lived with both his parents — claimant and his father. He worked about nine months of the year prior to his death. The record strongly indicates that the husband supported claimant. He was earning some $70 a week take-home pay. This was devoted to family purposes. The claimant’s testimony of the support furnished her by the deceased is vague and general. She was unable to remember what money her son gave her except that he “ always gave me money ”. During a particular three weeks while she was in Ellenville she said he did “ all my shopping and paid for everything ” and “ has always paid for my food and stuff ”. This record does not make a fair showing of the extent of her dependency, if any; and certainly it was not a major dependency in view of the support given the claimant by her husband. Award reversed and claim remitted to the Workmen’s Compensation Board for its further proceedings, with costs to appellants against the Workmen’s Compensation Board. Foster, P. J., Bergan, Coon and Imrie, JJ., concur.

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Bluebook (online)

283 A.D. 901, 130 N.Y.S.2d 144, 1954 N.Y. App. Div. LEXIS 5693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-rosenberg-v-ellenville-steam-laundry-inc-nyappdiv-1954.

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