Rahl v. Hayes 73 Corp.

In an action to recover damages for medical malpractice, plaintiff appeals from so much of a resettled order of the Supreme Court, Queens County (Dunkin, J.), dated March 11,1983, as directed payment of $83,176.91, plus any accumulated interest, to the Department of Social Services of the City of New York. Resettled order affirmed, insofar as appealed from, with costs. The instant appeal presents the question of whether or not the Department of Social Services (DSS) is entitled to recover the full amount it paid for medical assistance, and whether proportionate attorney’s fees should be…