Legal Opinion

Lombardo v. New York University Medical Center

Appellate Division of the Supreme Court of the State of New York

Decided October 15, 1996PublishedCited by 10 opinions

1Opinion of the Court

—In an action, inter alia, to recover damages for negligent infliction of emotional distress based upon the fear of contracting Acquired Immune Deficiency Syndrome, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Vaccaro, J.), dated June 1, 1995, as permitted the defendants to amend their answer to assert the affirmative defense of culpable conduct, denied the plaintiff’s cross motion for a protective order, and directed the plaintiff to submit to a third HIV-antibody test.

Ordered that the appeal from that portion of the order which…

2Cases cited2 opinions

  1. Brown v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1996
  2. Mitchell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1974

3Cited by10 opinions

  1. Schlau v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2015
  2. Montalbano v. Tri-Mac Enterprises of Port Jefferson, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
  3. Taormino v. StateAppellate Division of the Supreme Court of the State of New York · 2001
  4. Donna Blair v. Elwood Union Free Public SchoolsAppellate Division of the Supreme Court of the State of New York · 1997
  5. Ornstein v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2006

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