65 A.D.2d 644 | N.Y. App. Div. | 1978
—Appeal from (1) so much of an order of the Supreme Court, entered May 12, 1977 in Schenectady County, as set aside the verdict rendered in favor of the plaintiff in Action No. 1, and dismissed the first and third causes of action of the complaint, and (2) an order of the same court which denied plaintiff’s motion for a new trial. Plaintiff, Ellis Hospital, initiated Action No. 1 to recover a judgment for services rendered to John M. Little, defendant’s husband, for the period from July 26, 1971 to October 8, 1971, the date of his death, in the amount of $25,265.84. Plaintiff’s recovery is based on three separate causes of action: first, that the defendant is responsible for payment under section 101 of the Social Services Law; second, that the decedent left assets which defendant acquired without formal estate proceedings; and third, that defendant was negligent in failing to apply for medical assistance. The trial court, on motion, dismissed the second and third causes of action in Action No. 1, and reserved decision on the motion to dismiss the first cause of action, and submitted the same to the jury. The trial court, on motion, dismissed the second cause of action for malpractice based on negligence in Action No. 2, and submitted respondent’s first cause of action based on assault to the jury. Prior to decedent’s final illness, he and defendant occupied the family homestead consisting of a 110-acre farm purchased in the name of defendant, who still lives there. The farm was