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WEINER v. LENOX HILL HOSP.

88 N.Y.2d 784 (1996)

673 N.E.2d 914

650 N.Y.S.2d 629

David Weiner, Individually and as Administrator of The Estate of Dale J. Korn, Deceased, Respondent, v. Lenox Hill Hospital, Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided November 19, 1996.

Attorney(s) appearing for the Case

Aaronson Rappaport Feinstein & Deutsch, LLP, New York City (Steven C. Mandell of counsel), for appellant.

Melito & Adolfsen P. C., New York City (Ignatius John Melito and Jodi A. Catalano of counsel), and Barton & Zasky, for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur.

CIPARICK, J.

The issue on appeal is whether plaintiff's complaint against a hospital, alleging that the hospital failed to properly safeguard its blood supply from HIV contamination, sounds in medical malpractice or negligence for purposes of selecting the applicable Statute of Limitations. Because the challenged conduct was not linked to the medical treatment of a particular patient, we conclude that the claim...

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