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SIMMONS v. AIKEN

100 A.D.2d 769 (1984)

Willie Simmons et al., as Coguardians ad Litem of James Wilson, et al., Respondents, v. Harold Aiken et al., Respondents, and Department of Social Services of the City of New York et al., Appellants

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

April 5, 1984

¶ With respect to the claim of DSS: DSS is faced with the problem of demonstrating that some portion of the recovery from the personal injury action is fairly allocable to reimbursement of the medical and hospital expenses which DSS has had to bear. (Baker v Sterling, 39 N.Y.2d 397.) Concededly that determination is to be made by the court and is not foreclosed by the form of the...

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