Commissioner of the Department of Social Services v. Fishman

—Judgment, Supreme Court, New York County (Carol Huff, J.), entered November 23, 1998, which granted defendant’s motion to dismiss the complaint for failure to state a cause of action, unanimously reversed, on the law, without costs or disbursements, the motion denied and the complaint reinstated.

This is an action by the Commissioner of the Department of Social Services of the City of New York (DSS) seeking reimbursement from defendant of Medical Assistance benefits totaling $221,651.45 paid on behalf of her husband, Samuel Fish-man, now deceased, from May 27, 1993 through January 15, 1997,…