Legal Opinion

Applegrad v. Maimonides Medical Center

Appellate Division of the Supreme Court of the State of New York

Decided March 13, 1995Published

1Opinion of the Court

—In a medical malpractice action, the New York City Department of Social Services appeals from an order of the Supreme Court, Kings County (Monteleone, J.), dated January 15, 1993, which, after a hearing, vacated its lien upon the proceeds of the infant plaintiff’s settlement with the defendants.

Ordered that the order is affirmed, with costs to the defendant-respondent Maimonides Medical Center.

This Court will not disturb a trial court’s findings and determinations unless they are against the weight of the *439evidence or contrary to law (see, Schock v State of New York, 168 AD2d 491). In the…

2Cases cited3 opinions

  1. Vizzari v. StateAppellate Division of the Supreme Court of the State of New York · 1992
  2. Baker v. SterlingNew York Court of Appeals · 1976
  3. Schock v. StateAppellate Division of the Supreme Court of the State of New York · 1990

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