Brown v. New York City Health & Hosps. Corp

In Brown v. New York City Health & Hosps. Corp., 225 AD2d 36, despite a missing and untested needle, the appellate court found that there was "other evidence from which a jury could potentially conclude that the needle was contaminated" (id., at 48), specifically the fact that the needle in question had been left in the crib of an HIV-positive infant and that blood had been withdrawn from the infant no more than three hours earlier before the needle pierced plaintiff's skin.