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MILANO v. LABORATORY CORPORATION OF AMERICA

56 A.D.3d 353 (2008)

NEAL MILANO, Appellant, v. LABORATORY CORPORATION OF AMERICA, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 20, 2008.

Plaintiff raises the same issues in this action that he unsuccessfully raised and were necessarily decided in the prior fitness hearing before the Taxi and Limousine Commission (TLC) (Matter of Milano v New York City Taxi & Limousine Commn., 305 A.D.2d 326 [2003], lv denied 5 N.Y.3d 707 [2005]), namely, that defendants allowed his urine specimen to become contaminated and failed to properly...

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