St. Luke's Hospital v. Consolidated Mutual Insurance

Appellate Terms of the Supreme Court of New York

St. Luke's Hospital v. Consolidated Mutual Insurance

32 Misc. 2d 657, 217 N.Y.S.2d 843, 1961 N.Y. Misc. LEXIS 3618

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 22, 1961

StatusPublished

Cited by1 cases

This text of 32 Misc. 2d 657 (St. Luke's Hospital v. Consolidated Mutual Insurance) 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

St. Luke's Hospital v. Consolidated Mutual Insurance, 32 Misc. 2d 657, 217 N.Y.S.2d 843, 1961 N.Y. Misc. LEXIS 3618 (N.Y. Ct. App. 1961).

Pincite

Opinion

Ber Curiam.

Where notice of a hospital lien was duly served

on the insurance company in accordance with section 189 of the Lien Law, and the insurer settled the action and made payments to the infant and guardian without the required statutory notice to the hospital, it was liable to the hospital for a period of one year in an action to enforce the lien, to the extent of the money paid to the infant and guardian ad litem in settlement of the claim, less the amount of any other liens or claims superior to such hospital lien (Lien Law, § 189).

The judgment should be reversed, with $30 costs, and judgment directed for plaintiff, in accordance with stipulation.

Appeal from decision dismissed.

Concur — Hoestadter, J. P., Hecht and Aurelio, JJ.

Judgment reversed, etc.

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