Moon v. Owen

OPINION OF THE COURT

Robert A. Harlem, J.

The defendant seeks summary judgment or dismissal of the complaint for failure to state a cause of action. The plaintiff cross-moves for summary judgment.

The action is brought to enforce a lien against a portion of the proceeds of the recovery in a personal injury action. The lien is claimed under Social Services Law § 104-b.

Freda Seward was injured in an automobile accident on February 7, 1982. A verdict in the sum of $52,500 was awarded to her. From the date of the accident until February 16, 1984 she received $10,252.75 in medical assistance (MA)…