Santiago v. Craigbrand Realty Corp.

The infant plaintiff received $140,000 in settlement of a personal injury action for lead paint poisoning. The parties did not allocate any portion of this amount to reimburse past medical expenses. Contrary to the majority’s position, I would find that pursuant to the holding in Baker v Sterling (39 NY2d 397), Social Services Law § 104 (2) precludes DSS from recouping its $12,857.06 Medicaid lien from the settlement. Social Services Law § 104 (2) provides.: “No right of action shall accrue against a person under twenty-*35one years of age by reason of the assistance or care granted to him…