In Fosby v. Albany Memorial Hospital (252 AD2d 606), the Third Department dismissed a claim for damages based on "AIDS phobia" because the plaintiff in that case, an emergency room patient who had been accidently stuck by a needle when she reached for a blanket, could not prove actual exposure to HIV. The hospital had refused to provide plaintiff with a copy of the incident report that would tell her how the needle had been previously used, and had advised her that she should consider the needle infectious and be tested for the HIV virus at three, six, and 12 month intervals. The plaintiff tested negative. While the court held that plaintiff did not have a viable "AIDS phobia" claim because she had no proof of actual exposure to the virus, it also held that "[(Jacking the requisite proof of actual exposure to HIV, a plaintiff may nevertheless pursue a claim to recover for negligent infliction of emotional distress where "there exists 'an especial likelihood of genuine and serious mental distress, arising from special circumstances, which serves as a guarantee that the claim is not spurious'" (id., p. 608).