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COMMISSIONER OF THE DEPT. OF SOCIAL SERVS. v. NEW YORK-PRESBYT. HOSP.

Index No. 450714/14. Appeal No. 12594. Case No. 2020-01486.

189 A.D.3d 498 (2020)

133 N.Y.S.3d 805

2020 NY Slip Op 07452

Commissioner of the Department of Social Services of the City of New York, Respondent, v. New York-Presbyterian Hospital, Appellant, et al., Defendants.

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

Decided December 10, 2020.

Attorney(s) appearing for the Case

Stuart S. Perry, P.C., New York ( Stuart S. Perry and Franklin Solomon , of the bar of the State of New Jersey and the State of Pennsylvania, admitted pro hac vice, of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Jesse A. Townsend of counsel), for respondent.

Concur—Friedman, J.P., Kapnick, Webber, Kern, Singh, JJ.

Defendant's obligation pursuant to a settlement agreement to reimburse plaintiff for any monies paid to it by Medicaid was resolved in the prior appeal (Commissioner of the Dept. of Social Servs. of the City of N.Y. v New York-Presbyt. Hosp., 164 A.D.3d 93 [1st Dept 2018], lv denied 33 N.Y.3d 901 [2019]). It is now the law of the case (Delgado v City of New York, 144 A.D.3d 46, 51...

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