Legal Opinion
Link v. Town of Smithtown
New York Supreme Court
Decided December 26, 1997PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
H. Patrick Leis III, J.
The instant matter was remitted to this court by the Court of Appeals. The issue to be determined is whether the entire amount of a personal injury settlement obtained by a Medicaid recipient from a third-party tortfeasor or only the portion attributable to past medical expenses is available to satisfy a lien filed by the Department of Social Services to recoup medical expenses paid on behalf of the recipient.
In 1982, plaintiff Patricia Gibson, then 24 years of age, was severely injured in an automobile accident alleged to have been the result of the…
2Cases cited9 opinions
- Teichman v. Community Hospital of Western SuffolkNew York Court of Appeals · 1996
- Cricchio v. PennisiNew York Court of Appeals · 1997
- Baker v. SterlingNew York Court of Appeals · 1976
- Costello v. GeiserNew York Court of Appeals · 1995
- Cricchio v. PennisiAppellate Division of the Supreme Court of the State of New York · 1996
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Grey Bear v. North Dakota Department of Human ServicesNorth Dakota Supreme Court · 2002
- Wilson v. StateWashington Supreme Court · 2000
- Wilson v. StateWashington Supreme Court · 2000
- Sullivan v. County of SuffolkDistrict Court, E.D. New York · 1998
- STATE, AGENCY FOR HEALTH CARE v. EstabrookDistrict Court of Appeal of Florida · 1998
4 more not listed; retrieve them via the Exa API.