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MATTER OF WALTON

20 A.D.2d 386 (1964)

In the Matter of The Estate of Bennie Walton, Deceased. United States of America, Appellant; Ray E. Trussell, as Commissioner of Hospitals of The City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

February 20, 1964.

Attorney(s) appearing for the Case

Anthony J. D'Auria of counsel (Robert E. Kushner with him on the brief; Robert M. Morgenthau, United States Attorney), for appellant.

Alfred Weinstein of counsel (Seymour B. Quel and Abraham V. Cuba with him on the brief; Leo A. Larkin, Corporation Counsel), for respondent.

RABIN, J. P., McNALLY, EAGER and STEUER, JJ., concur.

STEVENS, J.

This is an appeal from a decree of the Surrogate which awarded the balance of the proceeds of a compromised personal injury action to the respondent herein.

On March 20, 1958, one Bennie Walton sustained personal injuries when he was struck by a motor vehicle. He was taken to Harlem Hospital, received treatment, and subsequently a bill for $2,158 for services rendered. Walton died March 23...

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