GAINES v. CITY OF NEW YORK

633, 14471/03.

137 A.D.3d 673 (2016)

29 N.Y.S.3d 270

2016 NY Slip Op 02294

CLARENCE GAINES, as the Executor of JANIE GAINES, Deceased, Respondent, v. CITY OF NEW YORK et al., Defendants, and DEPARTMENT OF SOCIAL SERVICES OF THE CITY OF NEW YORK, Appellant.

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

Decided March 29, 2016.


Prior to the death of plaintiff's daughter (decedent), decedent had entered into a settlement with defendants Metropolitan Transportation Authority (MTA) and Evercare Home Health Care Services Inc., resolving a personal injury action. Upon entering into the settlement, decedent, who was receiving supplemental security income, Medicare and Medicaid due to several preexisting conditions, petitioned the court to approve and authorize the creation of a supplemental needs trust...

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