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KIDNEY v. KOLMAR LABS.

68 N.Y.2d 343 (1986)

William F. Kidney, Jr., an Infant, by William F. Kidney, His Father and Natural Guardian, et al., Plaintiffs, v. Kolmar Laboratories, Inc., Appellant, et al., Defendant, and Orange County Department of Social Services,, Respondent.

Court of Appeals of the State of New York.

Decided November 18, 1986.

Attorney(s) appearing for the Case

Jeffrey J. Ellis for Kolmar Laboratories, Inc., defendant.

James G. Sweeney, County Attorney, for Orange County Department of Social Services, respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur in Per Curiam opinion.

Per Curiam.

Where an insurer, on behalf of its insured, prior to a judgment or settlement in a tort action, makes voluntary advances for medical treatment to an injured party receiving public assistance, those advances do not constitute "the payment of any moneys" within Social Services Law § 104-b, so as to defeat the lien of the social services agency for its payments for medical treatment.

On June 7, 1981...

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