Milano v. Laboratory Corp.

*354Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered September 24, 2007, which, in an action by a former cab driver alleging negligence by defendants, a drug testing company and its employee, in administering a drug test that found cocaine in plaintiff’s urine and resulted in the revocation of plaintiffs taxicab operator’s license, granted defendants’ motion to dismiss the complaint on the ground of collateral estoppel, unanimously affirmed, without costs.

Plaintiff raises the same issues in this action that he unsuccessfully raised and were necessarily decided in the prior…