STATE v. PATRICIA II


13 A.D.3d 1013 (2004)

787 N.Y.S.2d 459

STATE OF NEW YORK, Appellant, v. PATRICIA II., Respondent.

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

December 30, 2004.


Peters, J.

Pursuant to Mental Hygiene Law § 43.03, plaintiff sought to recover the costs of hospital services rendered to respondent while she was a patient at the South Beach Psychiatric Center from January 2, 1997 until March 11, 1997. While conceding the cost of such services, defendant moved to dismiss the complaint, contending that it failed to allege that she had the ability to pay which was a condition precedent to the institution of the action. Plaintiff...

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