Opinion
Argued April 10, 1967
Decided May 16, 1967
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MORRIS E. SPECTOR, J.
Charles H. Green and Isadore Katz for appellant.
Joseph K. Fitzpatrick for respondent.
Order affirmed, with costs to respondent Roosevelt Hospital. We hold that the lien of Roosevelt Hospital is prior to that of Millinery Workers Health Fund for the reasons stated at Special Term and, in this view of the case, do not reach the question of the amount of the lien of Millinery Workers Health Fund.
Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN, KEATING and BREITEL.