Carpenter v. Saltone Corp.
Appellate Division of the Supreme Court of the State of New York
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
- Cricchio v. PennisiNew York Court of Appeals · 1997
- Baker v. SterlingNew York Court of Appeals · 1976
- City of Albany v. . McNamaraNew York Court of Appeals · 1889
- Morrison v. Budget Rent A Car Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Calvanese v. CalvaneseNew York Court of Appeals · 1999
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3Cited by7 opinions
- Smile v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2005
- D.J. v. 636 Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2017
- Homan v. County of Cattaraugus Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 2010
- Fergeson v. IHB Realty, Inc.New York Supreme Court · 2006
- Fried v. City of New YorkNew York Supreme Court · 2012
2 more not listed; retrieve them via the Exa API.