Kelly v. Our Lady of Mercy Medical Center

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered on or about May 25, 1999, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The complaint, in this action to recover for damages for emotional distress stemming from AIDS phobia, was properly dismissed since plaintiff, who has not tested seropositive for HIV in seven years, failed to present evidence sufficient to raise a factual issue as to whether the discarded lancet upon which she pricked herself while a patient in defendant hospital was contaminated with HIV…