Case v. Fargnoli
New York Supreme Court
1Opinion of the Court
OPINION OF THE COURT
Walter J. Relihan, Jr., J.
The plaintiff, Commissioner of the Tioga County Department of Social Services, brings an action to recoup moneys paid from Medicaid funds for home care and nursing home services rendered to defendant’s wife between December 1990 and December 1996, plus interest and attorney’s fees. Plaintiff now moves for summary judgment. Defendants agree that no disputed questions of fact are present and cross-move for summary judgment.
Plaintiff contends that the financial resources of the defendant husband were available at all times during the period in…
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