Legal Opinion · Dissent

Claim of Parkinson v. Lavina

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

Decided May 7, 1947Published

1DissentBrewster, J.

I dissent. Claimants’ proofs established that the average monthly living expenses of the family of which they were members exceeded the total family income including the contributions of deceased. They were partially dependent on charity. I can find no evidence which may be said to establish that the decedent’s contributions produced any net return to the family fund over and above the portion consumed for his own support and maintenance. It has been repeatedly held that the mere fact of such contributions to a family fund is insufficient to establish dependency. That they pro*842duced a net…

2Cases cited6 opinions

  1. Claim of Zirpola v. T. & E. Casselman, Inc.New York Court of Appeals · 1924
  2. Birmingham v. Westinghouse Electric & Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1917
  3. Claim of Tirre v. Bush Terminal Co.Appellate Division of the Supreme Court of the State of New York · 1916
  4. Claim of Kelley v. Hoefler Ice Cream Co.Appellate Division of the Supreme Court of the State of New York · 1921
  5. Claim of Sigalove v. PenzelAppellate Division of the Supreme Court of the State of New York · 1926

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