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HARVEY v. CRAMER

235 A.D.2d 315 (1997)

653 N.Y.S.2d 3

Steven Harvey, Respondent-Appellant, v. Barbara Cramer, as Executrix of Eugene A. Browne, Deceased, Appellant-Respondent

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

January 23, 1997

It was error to dismiss the medical malpractice cause of action on the ground that plaintiff's claim that defendant's decedent, his doctor, mistakenly informed him that he was HIV positive because of a mixup in patient files sounds in ordinary negligence. Unlike Payette v Rockefeller Univ. (220 A.D.2d 69), plaintiff here was clearly the decedent's patient, expecting diagnosis and treatment...

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