SMALL v. CITY OF NEW YORK

6244 23325/03.

160 A.D.3d 471 (2018)

75 N.Y.S.3d 143

2018 NY Slip Op 02431

Marietta Small et al., Appellants, v. City of New York et al., Respondents.

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

Decided April 10, 2018.


In September 2001, the decedent, Miguel Nesbitt, tested positive for exposure to tuberculosis, and began receiving INH therapy (Isoniazid and vitamin B6) to help prevent the onset of the disease. He continued this therapy when he became an inmate at Rikers Island Correctional Facility in December 2001. On May 29, 2002, after he was released from the segregated unit at Rikers, Nesbitt fell ill and died two days later at Elmhust Hospital from liver failure due to side effects...

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