Meyer v. New York Hosp.
| Decision Date | 12 March 1959 |
| Citation | 185 N.Y.S.2d 547,5 N.Y.2d 1021 |
| Parties | , 158 N.E.2d 248 David MEYER, Appellant, v. NEW YORK HOSPITAL, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 7 A.D.2d 60, 180 N.Y.S.2d 918.
Proceeding was brought for an order pursuant to Section 189, subd. 6-a, of the Lien Law, Consol.Laws, c. 33, for determination of right of hospital, which was a charitable corporation, to a lien for medical services furnished by hospital against proceeds of action by patient for personal injuries. The Supreme Court, Special Term, New York County, Arthur G. Klein, J., entered an order adverse to the hospital, and the hospital appealed.
The Appellate Division, Bergan, J., reversed the order, and remitted the proceeding to the Special Term for further proceedings, and held that petition, which did not allege as a fact that portion of hospital's lien for medical services was based on attendance on patient by non-paid or voluntary members of hospital's staff, and hospital's answer, which only stated that hospital would prove that services were performed exclusively by salaried members of medical staff, did not present issue as to whether medical services were rendered to patient by non-paid members of hospital staff for which hospital allegedly would not have a lien, requiring remand of case for determination of such issue.
The patient appealed to the Court of Appeals, and motion was made to dismiss the appeal.
Motion to dismiss appeal granted and appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution.
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...a week after the injury for which the claim is made.' (Matter of Meyer v. New York Hospital, 7 A.D.2d 60, 64 , app. dis. 5 N.Y.2d 1021 [185 N.Y.S.2d 547, 158 N.E.2d 248].) I find that St. Joseph's Hospital has complied with the requirements of the statute and, therefore, has a hospital lien......