Kidney v. Kolmar Laboratories, Inc.

OPINION OF THE COURT

Where an insurer, on behalf of its insured, prior to a judgment or settlement in a tort action, makes voluntary advances for medical treatment to an injured party receiving public assistance, those advances do not constitute "the payment of any moneys” within Social Services Law § 104-b, so as to defeat the lien of the social services agency for its payments for medical treatment.

On June 7, 1981, plaintiff William Kidney, Jr., an infant, suffered serious injuries when he climbed on a transformer located on the property of defendant Kolmar Laboratories, Inc. On July 13,…