Jacobs v. Hochstadt

The defendant Henry Schwartzberg, a distributee of the estate of the late Philip Schwartzberg, husband of a recipient of public assistance during his (Philip Schwartzberg’s) life, has moved to dismiss the complaint *804against him on the ground that the cause of action herein is barred by the Statute of Limitations. This action has been brought pursuant to section 170 and succeeding sections of the Decedent Estate Law. Liability is predicated upon sections 101 and 104 of the Social Welfare Law. The plaintiff as Commissioner of Hospitals seeks to recover the cost of hospital care of the late wife…