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ORNSTEIN v. NYCHHC

10 N.Y.3d 1 (2008)

881 N.E.2d 1187

852 N.Y.S.2d 1

HELEN ORNSTEIN, Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION et al., Respondents.

Court of Appeals of the State of New York.

Decided February 7, 2008.

Attorney(s) appearing for the Case

Kramer & Dunleavy, LLP, New York City (Lenore Kramer and Denise M. Dunleavy of counsel), for appellant.

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

Chief Judge KAYE and Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

GRAFFEO, J.

While working as a nurse at a hospital, plaintiff was exposed to the human immunodeficiency virus (HIV) when she was stuck by a blood-filled hypodermic needle that had been left in the bed of a patient with acquired immune deficiency syndrome (AIDS). HIV-antibody tests ultimately established that she had not contracted the virus. The primary issue in this case is the extent of damages plaintiff may recover on her negligent...

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