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MOUNT SINAI HOSPITAL, Appellant, v. MARGARET BURNS, Also Known as MARGARET JOHNSON, Respondent

Per Curiam.

Order entered October 29, 1986 insofar as appealed from reversed, with $10 costs, motion denied, and plaintiff's first cause of action is reinstated.

If, as alleged, defendant requested that plaintiff provide medical services to defendant's 19-year-old son and the son was unemancipated at the time of his hospitalization, liability for the reasonable value of the medical services rendered would properly be imposed upon the defendant (see, Family Ct Act § 413; McGuire v Hughes, 207 N.Y. 516, 521; Clifton Springs Sanitarium Co. v Watkins, 130 A.D.2d 944; Albany Med. Center Hosp. v Johnston, 102 A.D.2d 915). Thus, it was error for the court below to dismiss the first cause of action at this early stage in the context of a CPLR 3211 (a) (7) motion.

SANDIFER, J.P., PARNESS and MILLER, JJ., concur.

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MOUNT SINAI HOSP. v. BURNS
(Mar 8, 1988)