MATTER OF P.A. v. STATE OF NEW YORK


277 A.D.2d 671 (2000)

716 N.Y.S.2d 423

In the Matter of P.A., Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided November 16, 2000.


Rose, J.

Claimant, an inmate, alleges that he contracted HIV as a result of the State's negligence in placing him in a "double cell" with another inmate who, unbeknownst to him, was infected with the virus. Claimant alleges that he became infected with the disease as a result of having carelessly switched razors with his cellmate. He allegedly learned that he had contracted the virus on September 5, 1998 and, more than...

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