In Fosby v. Albany Mem. Hosp., 252 AD2d 606), the hand of an emergency room patient was punctured by a needle when she reached for a blanket. Ultimately, laboratory analysis determined that the needle was unused and thus contained no HIV-positive hemoglobin, but this information did not become available until 18 months after the plaintiff was injured. While acknowledging that the plaintiff could not prove actual exposure to HIV, the Court held that she could nevertheless pursue her action because she had been exposed to a scientifically accepted method of transmission of HIV (satisfying the first prong of the traditional test) "together with defendant's unreasonable withholding of information regarding the prior use of the needle and whether the needle had been, or could have been, tested for the presence of blood or HIV antibodies" (id., at 608).