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MONDELLO v. NY BLOOD CTR.

80 N.Y.2d 219 (1992)

Peter Mondello, Individually and as Administrator of The Estates of Diane Mondello and Another, Deceased, Respondent, v. New York Blood Center — Greater New York Blood Program et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided October 22, 1992.

Attorney(s) appearing for the Case

Brody & Fabiani, New York City (Roger K. Solymosy, Ellen S. Davis and Neil Brody of counsel), for New York Blood Center — Greater New York Blood Program, appellant.

Martin, Clearwater & Bell, New York City (Barbara D. Goldberg and Kathleen M. Beck of counsel), for the New York Hospital, appellant.

Theodore H. Friedman, P. C., New York City, and Dominique Penson for respondent.

Kopff, Nardelli & Dopf, New York City (Martin B. Adams of counsel), for Hospital Underwriters Mutual Insurance Company, amicus curiae.

Kornstein Veisz & Wexler, New York City (Marvin Wexler and Geoffrey Kaiser of counsel), for FOJP Service Corporation, amicus curiae.

Mark Thomas, Albany, for Hospital Association of New York State and another, amici curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE and HANCOCK, JR., concur; Judge SMITH taking no part.

BELLACOSA, J.

This legal controversy, still at its early but critical motion stages, originates with the deaths, apparently of complications from AIDS-related diseases, of an infant child in late 1986 and her mother in early 1987. In 1984, the mother received intravenous transfusions of apparently HIV-infected blood. Her widower instituted an action in 1987 against defendant-appellant New York Hospital (Hospital...

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