MATTER OF SANCHEZ


126 Misc.2d 199 (1984)

In the Matter of The Estate of Jacqueline Sanchez, Deceased.

Surrogate's Court, Bronx County.

October 24, 1984


Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Christina Lusky of counsel), for James A. Krauskopf, as Commissioner of the Department of Social Services, respondent. Turen & Turen (George H. Turen of counsel), for Rebecca Calderon, petitioner.


BERTRAM R. GELFAND, J.

In this proceeding to receive the proceeds of a claim arising from decedent's death, a lienor has moved to vacate a conditional settlement of its lien. Petitioner is opposed. The issue presented is whether a party should be relieved of its agreement because the enforcement of the consideration it receives under the settlement is barred by public policy.

When the matter was first presented, the court granted the application...

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