St. Peter's Hospital v. Hall

OPINION OF THE COURT

Joseph Harris, J.

Plaintiff moves for summary judgment to recover $280 for medical services rendered on December 27, 1977 to defendant’s infant children. The defendant did not submit an affidavit in opposition to this motion but moved to serve a supplemental answer to plaintiff’s original complaint, containing an additional defense alleging that under the Social Services Law the plaintiff is prohibited from a direct action against the defendant and limited to proceeding against the Albany County Social Services Department alone.

Plaintiff’s papers establish a prima facie…