New York Court of Appeals

Arthur T. Baker v. Jacques Sterling, Department of Social Services of the City of New York, Appellant Jack W…

April 8, 197639 N.Y.2d 397

Summary

The New York Court of Appeals affirmed the Appellate Division's order, holding that a lien under section 104-b of the Social Services Law is subject to the infant limitation in subdivision 2 of section 104 and must be limited to excess funds, and remanded for determination of whether the settlement includes reimbursement for medical expenses and the reasonableness of the lien.