Home/Appellate Terms of the Supreme Court of New York/Woodley v. National Transportation Co.

Woodley v. National Transportation Co.

208 Misc. 732, 142 N.Y.S.2d 879, 1955 N.Y. Misc. LEXIS 3571
CourtAppellate Terms of the Supreme Court of New York
DecidedMay 19, 1955
StatusPublished
Cited by5 cases

This text of 208 Misc. 732 (Woodley v. National Transportation Co.) 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
Woodley v. National Transportation Co., 208 Misc. 732, 142 N.Y.S.2d 879, 1955 N.Y. Misc. LEXIS 3571 (N.Y. Ct. App. 1955).

Opinion

Per Curiam.

Although physicians on the medical staff of city hospitals serving without compensation are given permission by the charter to accept medical fees from patients under certain conditions, no provision is made for any lien in their favor upon proceeds of settlement or recovery inuring to “tort” patients such as is provided for hospitals under subdivision 1 of section 189 of the Lien Law. The service upon defendant of a letter purporting to assert such a lien on behalf of a doctor could have no legal effect. Defendant could not urge that it was thereby exposed to double liability to plaintiff and the doctor and request interpleader. Plaintiff was entitled to payment of the balance of the settlement, the doctor being relegated to a plenary action as an ordinary creditor.

Hofstadter, Eder and Schreiber, JJ., concur.

Order reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Marsh v. La Marco
75 Misc. 2d 139 (New York Supreme Court, 1973)
Neilson Realty Corp. v. Motor Vehicle Accident Indemnification Corp.
47 Misc. 2d 260 (New York Supreme Court, 1965)
Aiello v. Levine
44 Misc. 2d 1067 (Nassau County District Court, 1965)
In re the Accounting of Griffith
4 Misc. 2d 733 (New York Surrogate's Court, 1956)
Bragg v. Nash
208 Misc. 746 (New York Supreme Court, 1955)

Cite This Page — Counsel Stack

Bluebook (online)
208 Misc. 732, 142 N.Y.S.2d 879, 1955 N.Y. Misc. LEXIS 3571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woodley-v-national-transportation-co-nyappterm-1955.