Romeo v. New York City Transit Authority

• Decision Date: 22 February 1973
• Citation: 73 Misc.2d 124,341 N.Y.S.2d 733
• Parties: Louis ROMEO v. NEW YORK CITY TRANSIT AUTHORITY et al.
• Court: New York Supreme Court

Page 733

341 N.Y.S.2d 733

73 Misc.2d 124

Louis ROMEO v. NEW YORK CITY TRANSIT AUTHORITY et al.

Supreme Court, Special Term, Kings County, Part 1.

Feb. 22, 1973.

Morton Miller, Brooklyn, for plaintiff.

John G. de Roos, Brooklyn, for N.Y. City Transit.

Norman Redlich, Corp. Counsel, New York City, for N.Y. City Social Serv. Dept.; Morris Rabkin, New York City, of counsel.

MEMORANDUM

ANTHONY J. DI GIOVANNA, Justice.

This is a motion for a direction to the insurance carrier of defendant Strachan and the New York City Transit Authority to pay out the sums of money respectively agreed upon in the settlement of this action.

The accident occurred to the plaintiff on April 19, 1970. There is no doubt that his injuries were of an extensive nature and the sum of $75,000 was the agreed amount upon settlement of the action. Plaintiff has been a welfare recipient since 1963, receiving welfare assistance estimated in the total sum of $50,000. Subdivision 1 of section 104--b of the Social Services Law provides:

'1. If a recipient of public assistance and care shall have a right of action, suit, claim, counterclaim or demand against another on account of any personal injuries suffered by such recipient, then the public welfare official for the public welfare district providing such assistance and care shall have a lien for such amount as may be fixed by the public welfare official Not exceeding, however, the total amount of such assistance and care furnished by such public welfare official on and after the date when such injuries were incurred.' (Emphasis supplied).

In a letter dated January 16, 1973 addressed to the plaintiff's attorney, General Counsel for the Department of Social Services stated as follows:

'We fix our claim at $50,000.

Your settlement is $75,000, your fees $25,000. It is the decision of the Social Service Center to recover the entire amount. We paid client $44,000.00 in cash to date plus his $13,140.02 hospital bills following his April 18, 1970 accident.

Doctor Hersay who treated client in the hospital is not entitled to $800.00 as our payment to the hospital is in full; our payment includes doctors' bills (18 NYCRR 85.8).'

In an opposing affidavit by an attorney in the office of the Commissioner of Social Services it is stated as follows:

'While a statutory lien created by Section 104b (104--b) Social Services Law in favor of the public welfare official attaches to the proceeds of settlement of a personal injury claim, the instant...