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DOE v. STATE OF NEW YORK

189 A.D.2d 199 (1993)

Jane Doe et al., Appellants-Respondents, v. State of New York, Respondent-Appellant. (Appeal No. 2.) (Claim No. 82265.)

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

March 12, 1993

Attorney(s) appearing for the Case

Julian & Pertz, P. C., Utica (Richard Pertz of counsel), for appellants-respondents.

Michael Buskus, Albany, for respondent-appellant.

PINE, J. P., BOOMER, DAVIS and BOEHM, JJ., concur.

FALLON, J.

On August 21, 1988, Jane Doe, a registered nurse at Faxton Hospital in Utica, was stuck by a needle contaminated with the blood of an AIDS patient. The patient, an inmate at Mid-State Correctional Facility, was receiving medication and fluids intravenously. As he became increasingly agitated and irrational, he removed his oxygen mask and dislodged the needle leading to the Hep-Lock port on the intravenous...

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