Legal Opinion
Oxenhorn v. Fleet Trust Co.
New York Court of Appeals
Decided November 18, 1999PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
Wesley, J.
Plaintiff, Commissioner of the Department of Social Services for Columbia County, seeks to recover Medicaid benefits paid to decedent Marion F. Judson, the named beneficiary of a self-settled, irrevocable trust. The parties acknowledge that had the Department included the trust principal in its eligibility determination, decedent would not have been eligible for Medicaid benefits. Defendants contend, however, that because the Department made an administrative error that was not due to misrepresentation or fraud, the benefits should be deemed “correctly paid” to…
2Cases cited8 opinions
- Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.New York Court of Appeals · 1984
- Parkview Associates v. City of New YorkNew York Court of Appeals · 1988
- Golf v. New York State Department of Social ServicesNew York Court of Appeals · 1998
- Calvanese v. CalvaneseNew York Court of Appeals · 1999
- In re the Estate of KummerAppellate Division of the Supreme Court of the State of New York · 1983
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- J & A Vending, Inc. v. J.A.M. Vending, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Nededog v. Colorado Department of Health Care Policy & FinancingColorado Court of Appeals · 2004
- In re SwingearnAppellate Division of the Supreme Court of the State of New York · 2009
- Delaware County Department of Social Services v. PontoneroAppellate Division of the Supreme Court of the State of New York · 2006
- Rice v. NovelloAppellate Division of the Supreme Court of the State of New York · 2006
8 more not listed; retrieve them via the Exa API.