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SCHULMAN v. PRUDENTIAL INS. CO. OF AM.

226 A.D.2d 164 (1996)

640 N.Y.S.2d 112

Jerome Schulman et al., Respondents, v. Prudential Insurance Company of America, Doing Business as Prudential Select, et al., Appellants

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

April 9, 1996

The erroneous report of an HIV positive finding following blood analysis is a "`special circumstance'" that provides assurance that a claim to recover for negligent infliction of emotional distress as a result of the erroneous report is genuine and not spurious, and therefore plaintiff's claim may be maintained (Johnson v State of New York, 37 N.Y.2d 378, 382). It is clear that the defendants who handled the blood sample and issued...

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