Court of Appeals of New York

Plaintiff-probationer's complaint, which alleges that defendant issued a report reflecting a positive drug test result both negligently and as part of a policy of deliberate indifference to his rights, is sufficient to withstand a motion to dismiss, where: 1) there is a duty that runs from defendant laboratory to plaintiff; and 2) plaintiff has sufficiently alleged that he suffered harm.

Appellate Information

• Decided 10/10/2013
• Published 10/10/2013

Judges

• LIPPMAN

Court

• Court of Appeals of New York

Counsel