Menter v. Convenient Food Mart, Inc.

OPINION OF THE COURT

Charles R. Newman, J.

This action involves a claim for personal injuries allegedly *305suffered by plaintiff, Ruth Menter, when she fell on premises controlled by one or more of the named defendants on or about January 21, 1986. On March 18, 1987, the Wyoming County Department of Social Services filed a notice of lien pursuant to Social Services Law § 104-b to recover the sum of $9,587.19 from any proceeds recovered by plaintiff in this action. This amount represents Medicaid benefits provided for Ruth Menter after January 21, 1986. Plaintiff now moves for an order vacating…