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DOE v. ONEIDA INDIAN NATION OF NEW YORK

278 A.D.2d 564 (2000)

717 N.Y.S.2d 417

JOHN DOE, Appellant, v. ONEIDA INDIAN NATION OF NEW YORK, Doing Business as TURNING STONE CASINO and TURNING STONE RESORT HOTEL, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided December 7, 2000.

Mugglin, J.

Defendant owns and operates the Turning Stone Casino and Resort Hotel (hereinafter Hotel) which is located on land separate from the reservation of the Oneida Indian Nation. During the early morning hours of February 7, 1998, plaintiff's leg was pierced by a hypodermic needle projecting from his mattress at the Hotel. Although plaintiff's injury did not require hospitalization, since the incident plaintiff has continuously undergone HIV testing which has...

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