Private laboratories and drug treatment centers have no duty to disclose that their testing meets only clinical and not forensic standards, a Brooklyn appellate panel has held.
In a lengthy opinion Wednesday, the Appellate Division, Second Department, declined to expand on a 2011 decision, Landon v. Kroll Laboratory Specialists, 91 AD3d 79 (2011), which held that a man whose probation was impacted by an erroneous drug test could pursue a negligence claim against the private lab that performed the test, despite the lack of any contractual relationship between the laboratory and the subject of the test.
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