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FAIRCHILD SONS v. DISKIN

196 Misc. 495 (1949)

Fairchild Sons, Inc., Respondent, v. William J. Diskin, Appellant.

Supreme Court, Appellate Term, Second Department.

October 6, 1949.

Attorney(s) appearing for the Case

William J. Drake for appellant.

Thomas W. Constable for respondent.

STEINBRINK, FENNELLY and RUBENSTEIN, JJ., concur.

Per Curiam.

Under the circumstances here disclosed, in the absence of an express contract to pay his father's funeral expenses, defendant Diskin could not be held liable therefor. There was no legal obligation upon him to pay such expenses by reason of the filial relationship. The provisions of statutes which impose liability on children for the support of indigent parents may be enforced only at the instance of the...

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