Muriel v. St. Barnabas Hospital
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered July 9, 2002, which denied plaintiffs motion to restore the case to the trial calendar, unanimously reversed, on the law, *420the facts and in the exercise of discretion, without costs, and the motion granted.
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…
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