RAHL v. HAYES 73 CORP.


99 A.D.2d 529 (1984)

Amy Rahl, as Guardian ad Litem of Margaret Kanta, Appellant, v. Hayes 73 Corporation, Doing Business as Physician's Hospital, et al., Defendants. Department of Social Services of City of New York, Respondent

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

January 23, 1984


Resettled order affirmed, insofar as appealed from, with costs.

The instant appeal presents the question of whether or not the Department of Social Services (DSS) is entitled to recover the full amount it paid for medical assistance, and whether proportionate attorney's fees should be deducted from the amount DSS would otherwise be entitled to recover. The underlying medical malpractice action resulted in a jury verdict...

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