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COSTA v. BOYCE

2 Misc.3d 162 (2003)

772 N.Y.S.2d 455

CHRISTIAN COSTA, an Infant, by CHRISTINE LOWERY, His Mother and Natural Guardian, et al., Plaintiffs, v. ERNESTINE J. BOYCE, Defendant.

Supreme Court, Kings County.

September 3, 2003.

Attorney(s) appearing for the Case

Lipsig, Shapey, Manus & Moverman, P.C., New York City (Alan M. Shapey of counsel), for plaintiffs.

White, Fleischner & Fino, New York City, for defendant.

Michael A. Cardozo, Corporation Counsel, New York City (Howard K. Gibbs and Gunther Power of counsel), for Department of Social Services of the City of New York.

OPINION OF THE COURT

DAVID I. SCHMIDT, J.

Plaintiffs move for an order deeming an alleged lien asserted by nonparty Department of Social Services of the City of New York (DSS) against the proceeds of the infant plaintiff's recovery herein "extinguished and waived."

On November 22, 1999, the infant plaintiff was diagnosed with lead poisoning. Thereafter, his mother commenced the instant action on his behalf against the owner of the premises where...

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