MONTGOMERY v. RAMOS


44 A.D.2d 811 (1974)

Larry Montgomery, an Infant, by His Mother and Natural Guardian, Laura H. Montgomery, et al., Respondents, v. Esmeraldo Ramos, Defendant. Department of Social Services of the City of New York, Appellant

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

May 21, 1974


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...

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