Legal Opinion
State v. Patricia II.
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 2004Published
1Opinion of the CourtPeters, J.
Appeal from an order of the Supreme Court (McNamara, J.), entered August 1, 2003 in Albany County, which, inter alia, granted defendant’s motion to dismiss the complaint for failure to state a cause of action.
Pursuant to Mental Hygiene Law § 43.03, plaintiff sought to recover the costs of hospital services rendered to respondent while she was a patient at the South Beach Psychiatric Center from January 2, 1997 until March 11, 1997. While conceding the cost of such services, defendant moved to dismiss the complaint, contending that it failed to allege that she had the ability to pay which was…
2Cases cited7 opinions
- D'Amico v. ChristieNew York Court of Appeals · 1987
- Riley v. County of BroomeNew York Court of Appeals · 2000
- American Transit Insurance v. SartorNew York Court of Appeals · 2004
- Brown v. StoneDistrict Court, E.D. New York · 1999
- In re the Estate of SeelenNew York Surrogate's Court · 1976
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