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HEALTH & HOSPS CORP v. HILTON

136 Misc.2d 143 (1987)

New York City Health & Hospitals Corporation Harlem Hospital, Plaintiff, v. Brenda Hilton, Defendant and Third-Party Plaintiff-Respondent. Commissioner of the New York City Department of Social Services, Third-Party Defendant-Appellant.

Supreme Court, Appellate Term, First Department.

May 29, 1987

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Stephen J. McGrath and Kristin M. Helmers of counsel), for appellant. David M. Wechsler, Eric C. Casriel and Simpson Thacher & Bartlett for respondent.

PARNESS and OSTRAU, JJ., concur; SANDIFER, J. P., dissents in a separate memorandum.

Per Curiam.

Order entered June 27, 1985 reversed, without costs, motion granted, and the third-party complaint is dismissed, without prejudice to defendant's right to pursue any available administrative remedies against appellant.

This lawsuit was instituted by the New York City Health & Hospitals Corporation to recover for medical services rendered to defendant Brenda Hilton in September 1982. Defendant answered...

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