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Matter of Kluss v. Levene's Son, Inc.

Appellate Division of the Supreme Court of New York, Third Department
May 16, 1945
269 App. Div. 801 (N.Y. App. Div. 1945)

Opinion

May 16, 1945.

Appeal from State Industrial Board.


The award was made for the benefit of a minor child as an acknowledged illegitimate, posthumous, dependent child of the decedent. Concededly the child was born out of lawful wedlock. The findings of decedent's paternity, his acknowledgement thereof and the fact of dependency are amply supported by evidence. We think that the statutory specification of an "acknowledged illegitimate child dependent upon the deceased" (Workmen's Compensation Law, § 2, subd. 11) includes such a child born posthumously. Decision and award affirmed, with costs to the State Industrial Board. All concur. [See post, p. 912.]


Summaries of

Matter of Kluss v. Levene's Son, Inc.

Appellate Division of the Supreme Court of New York, Third Department
May 16, 1945
269 App. Div. 801 (N.Y. App. Div. 1945)
Case details for

Matter of Kluss v. Levene's Son, Inc.

Case Details

Full title:In the Matter of the Claim of FRANCES A. KLUSS, Respondent, against…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 16, 1945

Citations

269 App. Div. 801 (N.Y. App. Div. 1945)

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