Mount Sinai Hospital v. Burns

Appellate Terms of the Supreme Court of New York

Mount Sinai Hospital v. Burns

138 Misc. 2d 381, 527 N.Y.S.2d 678, 1988 N.Y. Misc. LEXIS 214

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 8, 1988

StatusPublished

Cited by1 cases

This text of 138 Misc. 2d 381 (Mount Sinai Hospital v. Burns) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mount Sinai Hospital v. Burns, 138 Misc. 2d 381, 527 N.Y.S.2d 678, 1988 N.Y. Misc. LEXIS 214 (N.Y. Ct. App. 1988).

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Opinion

OPINION OF THE COURT

Per Curiam.

Order entered October 29, 1986 insofar as appealed from [382]*382reversed, with $10 costs, motion denied, and plaintiffs first cause of action is reinstated.

If, as alleged, defendant requested that plaintiff provide medical services to defendant’s 19-year-old son and the son was unemancipated at the time of his hospitalization, liability for the reasonable value of the medical services rendered would properly be imposed upon the defendant (see, Family Ct Act §413; McGuire v Hughes, 207 NY 516, 521; Clifton Springs Sanitarium Co. v Watkins, 130 AD2d 944; Albany Med. Center Hosp. v Johnston, 102 AD2d 915). Thus, it was error for the court below to dismiss the first cause of action at this early stage in the context of a CPLR 3211 (a) (7) motion.

Sandifer, J. P., Parness and Miller, JJ., concur.

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OPINION OF THE COURT

Per Curiam.

Order entered October 29, 1986 insofar as appealed from [382]*382reversed, with $10 costs, motion denied, and plaintiffs first cause of action is reinstated.

If, as alleged, defendant requested that plaintiff provide medical services to defendant’s 19-year-old son and the son was unemancipated at the time of his hospitalization, liability for the reasonable value of the medical services rendered would properly be imposed upon the defendant (see, Family Ct Act §413; McGuire v Hughes, 207 NY 516, 521; Clifton Springs Sanitarium Co. v Watkins, 130 AD2d 944; Albany Med. Center Hosp. v Johnston, 102 AD2d 915). Thus, it was error for the court below to dismiss the first cause of action at this early stage in the context of a CPLR 3211 (a) (7) motion.

Sandifer, J. P., Parness and Miller, JJ., concur.

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Bluebook (online)

138 Misc. 2d 381, 527 N.Y.S.2d 678, 1988 N.Y. Misc. LEXIS 214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mount-sinai-hospital-v-burns-nyappterm-1988.

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