Braverman v. Bendiner & Schlesinger, Inc.

On this appeal, we consider whether a drug-testing laboratory and a substance abuse treatment facility violated any duty owed to the plaintiffs by failing to indicate that certain drug test results were derived from testing and analyses performed in conformance with clinical, but not forensic, standards. We also consider whether, if those entities did breach a duty owed to the plaintiffs, such breach was a proximate cause of the injuries sustained by the plaintiffs. I agree with my colleagues in the majority in concluding that the judgment must be affirmed. However, I write this concurrence…