Estupinan v. Cleanorama Drive-in Cleaners

• Decision Date: 12 November 1970
• Docket Number: DRIVE-IN
• Citation: 27 N.Y.2d 867,265 N.E.2d 544,317 N.Y.S.2d 21
• Parties: , 265 N.E.2d 544 In the Matter of the Claim for Death Benefits, etc. made by Elba D. ESTUPINAN, Mother, etc., Claimant, v. CLEANORAMACLEANERS, Employer, et al., Appellants, Workmen's Compensation Board, Respondent.
• Court: New York Court of Appeals Court of Appeals

Page 21

317 N.Y.S.2d 21

27 N.Y.2d 867, 265 N.E.2d 544

In the Matter of the Claim for Death Benefits, etc. made by Elba D. ESTUPINAN, Mother, etc., Claimant, v. CLEANORAMA DRIVE-IN CLEANERS, Employer, et al., Appellants, Workmen's Compensation Board, Respondent.

Court of Appeals of New York.

Nov. 12, 1970.

Appeal from the Supreme Court, Appellate Division, Third Department, 32 A.D.2d 1026, 301 N.Y.S.2d 1019.

Anne G. Kafka, New York City, for appellants.

Louis J. Lefkowitz, Atty. Gen. (Ruth Kessler Toch, Sol. Gen., Daniel Polansky, Jorge L. Gomez, Asst. Attys. Gen., of counsel), for respondent.

An appeal was taken from a decision of the Workmen's Compensation Board awarding death benefits to the mother of 18-year-old deceased high school student who was working part time.

The Appellate Division affirmed the award of death benefits and held that the evidence sustained Board's finding that the decedent contributed to the necessary expenses of family of four in an amount substantially more than his share of cost of maintenance of household and that the family was detrimentally affected by the loss of his contributions, and the employer and insurance carrier appealed.

In the Court of Appeals the employer and insurance carrier argued that the evidence conclusively proved that the claimant-mother was self-supporting and not dependent upon her minor son or anyone and that the decedent was contributing to the household less than cost of his whole housing and maintenance. The Board argued that in the four member household the decedent's financial contribution to common family fund at the time of accident exceeded 25% By a substantial amount and the decedent's death affected detrimentally the family's standard of living justifying the granting of a partial dependency award to the claimant-mother, the head of the household.

Order affirmed, with costs.

All concur except GIBSON, J., taking no part.