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ST. LUKE'S HOSP. v. CONS. MUT. INS. CO.

32 Misc.2d 657 (1961)

St. Luke's Hospital, Appellant, v. Consolidated Mutual Insurance Company, Respondent, et al., Defendant.

Supreme Court, Appellate Term, First Department.

June 22, 1961

Attorney(s) appearing for the Case

Hayt & Hayt (Jonathan Hayt of counsel), for appellant. Bernard Helfenstein and I. William Berry for respondent.

Concur — HOFSTADTER, J. P., HECHT and AURELIO, JJ.

Per Curiam.

Where notice of a hospital lien was duly served on the insurance company in accordance with section 189 of the Lien Law, and the insurer settled the action and made payments to the infant and guardian without the required statutory notice to the hospital, it was liable to the hospital for a period of one year in an action to enforce the lien, to the extent of the money paid to the infant and guardian ad...

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