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Lyke v. Ira Davenport Memorial Hospital
Citations: 222 A.D.2d 1049; 635 N.Y.S.2d 865; 1995 N.Y. App. Div. LEXIS 14104
Court: Appellate Division of the Supreme Court of the State of New York; December 21, 1995; New York; State Appellate Court
Order affirmed unanimously with costs. The Supreme Court properly granted the plaintiff's motion to vacate the lien filed by Wayne County Department of Social Services (DSS) and denied DSS's cross motion. The court found that none of the infant’s settlement award was designated for past medical expenses, which is supported by the record. Since the settlement did not include reimbursement for medical expenses, the court did not err in refusing to conduct a hearing or allow discovery on this matter. DSS's argument that itemization of damages was necessary under CPLR 4213 was incorrect, as this section applies only to damages awarded after a bench trial. The remaining arguments from DSS were deemed without merit.