MERCADO v. THE INSTITUTE FOR URBAN FAMILY HEALTH


39 A.D.3d 409 (2007)

835 N.Y.S.2d 87

MARIA MERCADO, Appellant, v. THE INSTITUTE FOR URBAN FAMILY HEALTH, Respondent.

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

Decided April 24, 2007.


Defendant was not entitled to summary judgment dismissing plaintiff's cause of action to recover the extraordinary expenses of caring for a child with Down's Syndrome. The contention, now reiterated by defendant, that such expenses may not be recovered from a tortfeasor when they are covered by government aid programs, was specifically rejected by this Court in Germosen v Gupta (237 A.D.2d 121 [1997]), where we held that "[t]he availability...

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