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HARRIS v. STATE OF NY

187 Misc.2d 512 (2001)

723 N.Y.S.2d 824

SUSAN HARRIS, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 97121.)

Court of Claims.

January 22, 2001.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General (John M. Shields of counsel), for defendant.

Donald W. Leo for claimant.

OPINION OF THE COURT

RICHARD E. SISE, J.

This motion presents the question of whether an "AIDS-phobia" cause of action may be maintained when the needle or other instrument of alleged transmission is missing and cannot be tested to confirm whether the HIV virus was actually present.

In July 1997, claimant, a patient at State University Hospital at Stony Brook, had just undergone surgery and was getting...

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