In re the Accounting of Musczak

Frankenthaler, S.

Whether or not the father of the deceased infant is entitled to a share of the damages recovered for his child’s wrongful death is the ultimate question presented in this case. The mother asserts that the father, who has "been since committed to a State institution as an incompetent (see Mental Hygiene Law, § 70), had previously abandoned the child and left his care and maintenance to her. She claims that by reason of the father’s failure to fulfill his parental duties, he must be denied a share of the proceeds, and that they must be distributed to her as sole beneficiary…