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IULIUCCI v. MASCOLA

73 Misc.2d 372 (1973)

Jean Iuliucci, as Administratrix of The Estate of Teresa Morreale, Deceased, Plaintiff, v. Richard Mascola et al., Defendants.

Supreme Court, Special Term, Kings County.

March 12, 1973

Attorney(s) appearing for the Case

Jack Baum for plaintiff. Norman Redlich, Corporation Counsel (Isidore Kronich of counsel), for New York City Commissioner of Social Services.

JACOB J. SCHWARTZWALD, J.

The issue is whether the lien of the Department of Social Services, City of New York, against plaintiff's right of action, suit or claim for damages for malpractice resulting in personal injuries and death is invalid.

Subdivision 1 of section 189 of the Lien Law gives a hospital (supported in whole or part by charity) a lien upon all rights, suits or claims of any person admitted...

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