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LANDON v. KROLL LAB. SPECIALISTS, INC.

No. 142.

22 N.Y.3d 1 (2013)

999 N.E.2d 1121

977 N.Y.S.2d 676

2013 NY Slip Op 6597

ERIC LANDON, Individually and on Behalf of All Others Similarly Situated, Respondent, v. KROLL LABORATORY SPECIALISTS, INC., Appellant.

Court of Appeals of New York.

Decided October 10, 2013.

Attorney(s) appearing for the Case

Anderson & Ochs, LLP, New York City ( Mitchel H. Ochs , Jason A. Stern and Michael J. Hasday of counsel), for appellant.

Eric Landon, pro se. Robert N. Isseks , Middletown, and Bloom & Bloom, PC., New Windsor ( Kevin D. Bloom of counsel), on the brief, for respondent.

Judges GRAFFEO, RIVERA and ABDUS-SALAAM concur with Chief Judge LIPPMAN; Judge PIGOTT dissents and votes to reverse in an opinion in which Judge READ concurs; Judge SMITH dissents in a separate opinion.

OPINION OF THE COURT

Chief Judge LIPPMAN.

The issue presented by this appeal is whether plaintiff Eric Landon has stated a cause of action against defendant drug testing laboratory (Kroll) for the alleged negligent testing of his biological sample. Under the circumstances of this case, we find the complaint sufficient to withstand a motion to dismiss.

In January 2002, Landon was convicted of second degree...

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