Gordon v. Commissioner of State of New York Department of Social Services

OPINION OF THE COURT

Casey, J.

On October 19, 1983, the 91-year-old petitioner sustained a fractured hip while being treated in the emergency room of St. Peter’s Hospital in the City of Albany. She was then admitted to that hospital as an inpatient and remained there until January 9, 1984, when she was transferred to a nursing home in Albany where she still remains. In June 1985, petitioner obtained a judgment in the amount of $65,564.25 against St. Peter’s Hospital for its negligence in causing her injury. After payment of the various liens and expenses, petitioner netted $24,430. On October…