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LANDON v. KROLL LAB.

2010-02182

91 A.D.3d 79 (2011)

934 N.Y.S.2d 183

2011 NY Slip Op 8567

ERIC LANDON, Appellant, v. KROLL LABORATORY SPECIALISTS, INC., Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 22, 2011.

Attorney(s) appearing for the Case

Robert N. Isseks , Middletown, and Bloom & Bloom, P.C., New Windsor ( Kevin Bloom of counsel), for appellant.

Anderson & Ochs, LLP, New York City ( Mitchel H. Ochs of counsel), for respondent.

ANGIOLILLO, J.P., FLORIO and LEVENTHAL, JJ., concur.

OPINION OF THE COURT

MILLER, J.

In this case we are called upon to determine whether a drug testing laboratory may be held liable in tort to the subject of a drug test for negligently testing that subject's biological specimen notwithstanding the absence of a formal contractual relationship between the drug testing laboratory and the subject of the drug test. We answer the question in the affirmative.

The complaint in this action alleged that the...

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