Appellate Division of the Supreme Court of the State of New York November 19, 1998 (McLarney v. Community Health Plan)

OPINION OF THE COURT

Yesawich Jr., J.

Plaintiff Daniel McLarney (hereinafter plaintiff) was accidentally stuck by a needle while removing a bag of trash from a dental examining room at defendant’s facility. He reported this incident to defendant and proceeded, as directed, to seek treatment at a nearby hospital emergency room.