Lombardo v. New York University Medical Center

In an action to recover damages for “AIDS phobia”, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Held, J.), dated January 23, 1997, as denied their motion for summary judgment dismissing the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff, an undertaker, claims that he cut his finger on an exposed piece of plastic tubing negligently left in the shrouded body of a man who had died of Aquired Immune Deficiency…