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OTERO v. PRESBYTERIAN HOSP. IN THE CITY OF NEW YORK

240 A.D.2d 279 (1997)

658 N.Y.S.2d 624

Maritza Otero, Respondent, v. Presbyterian Hospital in the City of New York, Defendant, and Montefiore Medical Center, Appellant

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

June 19, 1997

Plaintiff's first cause of action is based upon Montefiore's alleged negligence in administering contaminated blood to plaintiff's decedent some time prior to 1987, when he was diagnosed as being HIV positive. It has been consistently held that for Statute of Limitations purposes, the transmission of the HIV virus, whether via transfused blood or otherwise, is governed by the three-year period set forth in CPLR 214-c (2) (Matter...

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