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COMMISSIONER v. NY-PRESBYT.

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164 A.D.3d 93 (2018)

82 N.Y.S.3d 390

2018 NY Slip Op 05524

COMMISSIONER OF THE DEPARTMENT OF SOCIAL SERVICES OF THE CITY OF NEW YORK, Appellant, v. NEW YORK-PRESBYTERIAN HOSPITAL, Respondent, et al., Defendants.

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

Decided July 26, 2018.

Attorney(s) appearing for the Case

Zachary W. Carter, Corporation Counsel, New York City (Eric Lee and Scott Shorr of counsel), for appellant.

Stuart Perry, PC, New York City (Stuart S. Perry of counsel) and Solomon Law Firm, Cherry Hill, New Jersey (Franklin P. Solomon of the New Jersey and Pennsylvania bars, admitted pro hac vice, of counsel), for respondent.

RICHTER, ANDRIAS and GISCHE, JJ., concur with FRIEDMAN, J.P.; MOULTON, J., dissents in part in a separate opinion.

OPINION OF THE COURT

At issue on this appeal is an agreement settling a prior medical malpractice action against a hospital, in which the hospital agreed to "assume full responsibility for any monies which are ultimately found to be due to Medicaid in connection with" the injured patient's lengthy hospitalization. We hold...

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