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DOE v. STATE OF NEW YORK

155 Misc.2d 286 (1992)

Jane Doe et al., Claimants, v. State of New York, Defendant. (Claim No. 82265.)

Court of Claims.

June 26, 1992

Attorney(s) appearing for the Case

Julian & Pertz (Robert F. Julian of counsel), for claimants. Robert Abrams, Attorney-General (Anne Collett Cornell of counsel), for defendant.

ISRAEL MARGOLIS, J.

Claimants in this action seek damages alleging that claimant Jane Doe acquired the virus which causes AIDS as a result of the negligence of defendant's correction officers. The correction officers, Ronald Potempa and Timothy O'Connor, were charged with guarding inmate John Smith at Faxton Hospital (Faxton), where claimant Jane Doe was employed as

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