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BARNES v. LAWRENCE CARE CTR.

2 Misc.3d 337 (2003)

773 N.Y.S.2d 208

ESTATE OF CORA BARNES, Deceased, by FLOYD BARNES, as Administrator, Plaintiff, v. LAWRENCE NURSING CARE CENTER, INC., Defendant.

Supreme Court, Kings County.

November 10, 2003.

Attorney(s) appearing for the Case

Sanders, Sanders, Block & Woycik, Mineola, for plaintiff.

Kaufman, Borgeest & Ryan, LLP, Garden City, for defendant.

OPINION OF THE COURT

HERBERT KRAMER, J.

Plaintiff, by order to show cause directed to the Department of Social Services (DSS), seeks to vacate a Medicaid lien asserted in this action which was initiated for injuries sustained by plaintiff's decedent while a patient in the defendant nursing home's care.

The claim for damages for conscious pain and suffering is predicated, in part, upon the defendant's alleged...

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