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DI MARCO v. BLOOD SERVS.

147 A.D.2d 156 (1989)

Pasquale Di Marco et al., Appellants, v. Hudson Valley Blood Services et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

June 6, 1989

Attorney(s) appearing for the Case

Salvatore J. Calabrese of counsel (Sweeney & Calabrese, attorneys), for appellants.

Roger K. Solymosy of counsel (Neil Brody, Jeremy Heisler and Kevin B. Pollak with him on the brief; Killarney Rein Brody & Fabiani, attorneys), for respondents.

KUPFERMAN, J. P., ROSS, CARRO and WALLACH, JJ., concur.

ELLERIN, J.

In January 1985, while undergoing open heart surgery at Westchester County Medical Center, plaintiff Pasquale DiMarco received numerous blood transfusions. The defendants, two blood banks, supplied the blood which plaintiff received during this operation. Mr. DiMarco discovered that he had contracted the disease acquired immune deficiency syndrome (AIDS) when in July 1986 he was contacted by defendant...

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