New York City Health & Hospitals Corp. v. Jones

OPINION OF THE COURT

Alan J. Saks, J.

Motion to dismiss third-party action denied, without costs. This is a motion by the third-party defendant (the Commissioner of Social Services of the City of New York) to dismiss the third-party complaint. As the movant concedes, for the purposes of this motion, the allegations of the third-party complaint are assumed, to be true.

Defendant Jones has been sued by the New York City Health and Hospitals Corporation (H & H) for $2,370, representing the cost for a stay at Lincoln Hospital for six *62days, at $395 per day. In his third-party complaint Jones is suing…