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ORDWAY v. COUNTY OF SUFFOLK

154 Misc.2d 269 (1992)

Craig B. Ordway et al., Plaintiffs, v. County of Suffolk, Defendant and Third-Party Plaintiff. Huntington Hospital, Third-Party Defendant.

Supreme Court, Suffolk County.

April 21, 1992

Attorney(s) appearing for the Case

E. Thomas Boyle, County Attorney, defendant and third-party plaintiff. Furey, Furey, Lapping, DeMaria & Schwarz, P. C., for Huntington Hospital, third-party defendant. Agoglia, Fassberg & Magee, P. C., for plaintiffs.

WILLIAM L. UNDERWOOD, JR., J.

The case at bar requires the resolution of two issues: (1) whether "fear of contracting AIDS" is a viable cause of action, and if so, under what circumstances, and (2) the degree of reticence imposed on law enforcement personnel by Public Health Law article 27-F.

On November 28, 1989, a person (hereinafter referred to as the patient) was arrested by Suffolk County police...

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