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BRAVERMAN v. BENDINER

2012-00451, 2012-06911

121 A.D.3d 353 (2014)

990 N.Y.S.2d 605

2014 NY Slip Op 05618

LAURIE BRAVERMAN et al., Appellants, v. BENDINER & SCHLESINGER, INC., et al., Respondents.

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

Decided August 6, 2014.

Attorney(s) appearing for the Case

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

Kaufman Borgeest & Ryan LLP, Valhalla ( Jacqueline Mandell of counsel), for respondent Bendiner & Schlesinger, Inc.

Nicoletti, Gonson, Spinner & Owen, LLP, New York City ( Michael S. Brown and Edward S. Benson of counsel), for respondent Daytop Village, Inc.

RIVERA, J.P., and ROMAN, J., concur with SKELOS, J.; DICKERSON and LOTT, JJ., concur in the result, vote to dismiss the appeal from the order dated December 5, 2011, and affirm the judgment in a separate opinion by DICKERSON, J.

OPINION OF THE COURT

SKELOS, J.

In Landon v Kroll Lab. Specialists, Inc., (22 N.Y.3d 1, 6-7 [2013]), the plaintiff sought to recover damages from a drug testing laboratory, alleging that it negligently reported his drug test as positive. The Court of Appeals, in affirming an opinion and order of this Court (see Landon v Kroll Lab. Specialists, Inc.,

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