Opinion
2005-1584 DC.
Decided June 29, 2006.
Appeal from a judgment of the Justice Court of the Town of East Fishkill, Dutchess County (Thomas F. Wood, J.), entered July 28, 2005. The judgment, after a nonjury trial, found in favor of defendants and dismissed the action.
Judgment reversed without costs and matter remanded for a new trial.
PRESENT: RUDOLPH, P.J., ANGIOLILLO and LIPPMAN, JJ
Upon a review of the record, we find that substantial justice was not done between the parties in accordance with the rules and principles of substantive law (UJCA 1804, 1807). The statutory duty of a parent to pay the medical and dental expenses of a child under the age of 21 stems from the obligation of parental support ( see Family Court Act § 413), and is absolute unless it is established that the child is emancipated or that the expenses were not reasonable or necessary ( see Albany Med. Center Hosp. v. Johnston, 102 AD2d 915; Clough v. Board of Educ., 56 AD2d 233, 236). Since it is unclear from the record whether defendant Stephanie Sondermann was emancipated at the time the treatment at issue in this case was rendered, and whether the services rendered to her were reasonable and necessary ( see generally Radcliffe v. Hofstra Univ., 200 AD2d 562), a new trial is required. Rudolph, P.J., Angiolillo and Lippman, JJ., concur.