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MURIEL v. ST. BARNABAS HOSPITAL

3 A.D.3d 419 (2004)

771 N.Y.S.2d 107

JULIE ANN MURIEL, Appellant, v. ST. BARNABAS HOSPITAL, Respondent.

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

January 20, 2004.

This action alleging emotional injury arose in February 1989, when plaintiff asserts that she was misinformed that she had contracted the AIDS virus. Suit was commenced in 1991, but plaintiff was not deposed until 1996. At that time, she testified that defendant's employee, Dr. Pablo Rodriguez, had misinterpreted the results of a spinal tap, erroneously stating, "You have AIDS." Plaintiff never saw Dr. Rodriguez again, and he has not been deposed in connection with this litigation...

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