Iuliucci v. Mascola

The issue is whether the lien of the Department of Social Services, City of New York, against *373plaintiff’s right of action, suit or claim for damages for malpractice resulting in personal injuries and death is invalid.

Subdivision 1 of section 189 of the Lien Law gives a hospital (supported in whole or part by charity) a lien upon all rights-, suits or claims of any person admitted to the hospital on account of personal injuries received by him — within one week before admission to the hospital — as the result of the negligence or other tort of any other person for the amount of the reasonable…