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McLARNEY v. CMTY. HEALTH

250 A.D.2d 310 (1998)

680 N.Y.S.2d 281

Daniel McLarney et al., Appellants, v. Community Health Plan, Respondent

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

November 19, 1998

Attorney(s) appearing for the Case

Sullivan Cunningham Keenan Mraz & Lemire, Albany (Michael D. Violando of counsel), for appellants.

Carter, Conboy, Case, Blackmore, Napierski & Malone, P. C., Albany (Nancy E. May-Skinner of counsel), for respondent.

MIKOLL, J. P., CREW III, WHITE and SPAIN, JJ., concur.

YESAWICH JR., J.

Plaintiff Daniel McLarney (hereinafter plaintiff) was accidentally stuck by a needle while removing a bag of trash from a dental examining room at defendant's facility. He reported this incident to defendant and proceeded, as directed, to seek treatment at a nearby hospital emergency room. Although plaintiff took the needle with him to the emergency room, it was apparently discarded by a nurse...

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