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ORNSTEIN v. NYCHHC

27 A.D.3d 180 (2006)

806 N.Y.S.2d 566

HELEN ORNSTEIN, Respondent, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION et al., Appellants.

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

January 3, 2006.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Julie Steiner and Barry P. Schwartz of counsel), for appellants.

Kramer & Dunleavy, LLP, New York City (Lenore Kramer of counsel), and Law Office of Elisa Barnes, New York City (Elisa Barnes of counsel), for respondent.

BUCKLEY, P.J., and TOM, J., concur with MARLOW, J.; GONZALEZ and CATTERSON, JJ., dissent in a separate opinion by CATTERSON, J.

OPINION OF THE COURT

MARLOW, J.

The central question raised on this appeal is whether plaintiff has a viable claim for an award of damages solely for emotional and psychological injury as the result of exposure to the virus which causes acquired immune deficiency syndrome (AIDS) subsequent to the time at which unchallenged scientific and statistical evidence shows the underlying fear of infection unreasonable...

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