McGuinn v. F. W. Woolworth Co.

Appellate Division of the Supreme Court of New York

McGuinn v. F. W. Woolworth Co.

283 A.D. 1122, 131 N.Y.S.2d 510, 1954 N.Y. App. Div. LEXIS 6488

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

DecidedJune 18, 1954

StatusPublished

This text of 283 A.D. 1122 (McGuinn v. F. W. Woolworth Co.) 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

McGuinn v. F. W. Woolworth Co., 283 A.D. 1122, 131 N.Y.S.2d 510, 1954 N.Y. App. Div. LEXIS 6488 (N.Y. Ct. App. 1954).

Pincite

Opinion

Appeals from a decision and award of the Workmen’s Compensation Board. On a previous appeal (277 App. Div. 1066) we held that proof of dependency of the decedent’s family on her was not substantial and the claim was remitted to the board for further consideration. The board has received additional proof and corrected a miscalculation on which its former decision was based. On the basis of this further proof and on recalculation of the income and expense of the family it is found that without the contributions of the decedent the deficit in the family income was $319.74. It is also found that the decedent contributed to the family; and these findings together form a sufficient basis on the record now before us to warrant the finding of partial dependency on the decedent. The fact that the mother has gone to work and contributed to the family pool since the death does not defeat the finding of partial dependency. Decision and award unanimously affirmed, with costs and disbursements to be divided between the Workmen’s Compensation Board and claimants. Present — Poster, P. J., Bergan, Coon, Halpem and Imrie, JJ. [See 284 App. Div. 855.]

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Appeals from a decision and award of the Workmen’s Compensation Board. On a previous appeal (277 App. Div. 1066) we held that proof of dependency of the decedent’s family on her was not substantial and the claim was remitted to the board for further consideration. The board has received additional proof and corrected a miscalculation on which its former decision was based. On the basis of this further proof and on recalculation of the income and expense of the family it is found that without the contributions of the decedent the deficit in the family income was $319.74. It is also found that the decedent contributed to the family; and these findings together form a sufficient basis on the record now before us to warrant the finding of partial dependency on the decedent. The fact that the mother has gone to work and contributed to the family pool since the death does not defeat the finding of partial dependency. Decision and award unanimously affirmed, with costs and disbursements to be divided between the Workmen’s Compensation Board and claimants. Present — Poster, P. J., Bergan, Coon, Halpem and Imrie, JJ. [See 284 App. Div. 855.]

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Bluebook (online)

283 A.D. 1122, 131 N.Y.S.2d 510, 1954 N.Y. App. Div. LEXIS 6488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcguinn-v-f-w-woolworth-co-nyappdiv-1954.