BAKER v. STERLING


39 N.Y.2d 397 (1976)

Arthur T. Baker et al., Respondents, v. Jacques Sterling et al., Defendants. Department of Social Services of the City of New York, Appellant. Jack W. Griffin, an Infant, by Ruby Griffin, His Mother and Natural Guardian, et al., Respondents, v. Dudley Cox, Defendant. Department of Social Services of the City of New York, Appellant. Anthony Marsh, an Infant, by Anita Marsh, as Mother and Natural Guardian, et al., Respondents, v. Margaret La Marco et al., Defendants. Department of Social Services of the County of Suffolk, Appellant.

Court of Appeals of the State of New York.

Decided April 8, 1976.


Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (Mark D. Lefkowitz and L. Kevin Sheridan of counsel), for appellant in the first above-entitled action.

Robert A. Ross and Alvin Dorfman for respondents in the first above-entitled action.

W. Bernard Richland, Corporation Counsel (Mark D. Lefkowitz and L. Kevin Sheridan of counsel), for appellant in the second above-entitled action.

Emanuel Bloom and Sol Mintz for respondents in the second above-entitled action.

Howard E. Pachman, County Attorney (Patrick A. Sweeney of counsel), for appellant in the third above-entitled action.

Morris Zweibel for respondents in the third above-entitled action.

Chief Judge BREITEL and Judges GABRIELLI, WACHTLER and FUCHSBERG concur; Judge FUCHSBERG concurs in result in a separate opinion; Judge JONES dissents and votes to reverse in another opinion in which Judges JASEN and COOKE concur.


Baker v Sterling

WACHTLER, J.

In 1969 the plaintiff Shirley Baker, then 16 years old, was hit by an automobile and, as a result, lost her right leg and suffered internal injuries. At the time of the accident she was the beneficiary of public assistance and her hospital expenses, totaling $10,579, were paid by the Department of Social Services of the...

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