[Download] "Larry Montgomery v. Esmeraldo Ramos" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Larry Montgomery v. Esmeraldo Ramos
- Author : Supreme Court of New York
- Release Date : January 21, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
The infant son of an indigent widow was struck by an uninsured vehicle. The expenses of his care in a city hospital, allegedly aggregating $2,152.32, were paid by the city under the Medicaid program. An action brought by the mother and on behalf of the infant was settled at a pretrial conference for the sum of $9,000. Thereafter, the infant's counsel was notified of appellant's lien claim. Respondents' motion to vacate the lien was granted below on the ground that it was not enforceable against the infant's recovery. We have taken note of the conflicting lower court decisions interpreting subdivision 2 of section 104 and section 104-b of the Social Services Law (see, e.g., Praylow v. Maklansky, N. Y. L. J., April 2, 1974, p. 17, col. 4 and cases cited therein). However, we believe resolution of the question may depend on whether or not the settlement included reimbursement for medical expenses incurred. The record before us does not disclose such fact. Accordingly, we remand for a review of the settlement proceedings, at which time the reasonableness of the asserted lien may also be determined.
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