Legal Opinion

Carpenter v. Saltone Corp.

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

Decided November 13, 2000PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Bracken, J. P.

The proceeds of a settlement of a personal injury action obtained on behalf of an infant are subject to statutory Medicaid liens, at least to the extent that such proceeds represent a compromise of the infant’s claim for medical expenses (see, Baker v Sterling, 39 NY2d 397). The argument may well be made that, in light of changes in the statutory law since the time of the decision in Baker v Sterling (supra), all of the proceeds of such a settlement, and not only the portion thereof attributable to medical expenses, are available for the satisfaction of such…

2Cases cited23 opinions

  1. Cricchio v. PennisiNew York Court of Appeals · 1997
  2. Baker v. SterlingNew York Court of Appeals · 1976
  3. City of Albany v. . McNamaraNew York Court of Appeals · 1889
  4. Morrison v. Budget Rent A Car Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
  5. Calvanese v. CalvaneseNew York Court of Appeals · 1999

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3Cited by7 opinions

  1. Smile v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2005
  2. D.J. v. 636 Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2017
  3. Homan v. County of Cattaraugus Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 2010
  4. Fergeson v. IHB Realty, Inc.New York Supreme Court · 2006
  5. Fried v. City of New YorkNew York Supreme Court · 2012

2 more not listed; retrieve them via the Exa API.

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