Rodriguez v. Espanol

This is a motion to vacate a lien of the City of New York, Department of Social Services (DSS) in the sum of $354.88. The lien arose out of accident on June 9, 1973 as a result of which this infant plaintiff was admitted to Montefiore Hospital on said date and discharged on June 11, 1973 according to the bill of particulars.

The hospital bill in the sum of $354.88 was paid by the DSS pursuant to the medicaid program.

Subdivision 2 of section 104 of the Social Services Law provides that "No right of action shall accrue against a person under twenty-one years of age by reason of the assistance or…