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PASTERNACK v. LABORATORY CORP.

No. 112.

27 N.Y.3d 817 (2016)

DOCTOR FRED L. PASTERNACK, Appellant, v. LABORATORY CORPORATION OF AMERICA HOLDINGS, Also Known as LABCORP, et al., Respondents.

Court of Appeals of New York.

Decided June 30, 2016.

Attorney(s) appearing for the Case

Shapiro Arato LLP, New York City (Cynthia S. Arato and Daniel J. O'Neill of counsel), for appellant.

Seyfarth Shaw LLP, Atlanta, Georgia (Frederick T. Smith of counsel), and Seyfarth Shaw LLP, New York City (Gina R. Merrill of counsel), for LexisNexis Occupational Health Solutions Inc. formerly known as ChoicePoint, Inc., respondent.

Kelley Drye & Warren, LLP, New York City (Robert I. Steiner and Sarah L. Reid of counsel), for Laboratory Corporation of America Holdings, respondent.

Chief Judge DIFIORE and Judges PIGOTT and GARCIA concur; Judge STEIN dissents in part in an opinion; Judge FAHEY dissents in an opinion in which Judge RIVERA concurs.

OPINION OF THE COURT

In this action sounding in, among other things, negligence and fraud, plaintiff Fred Pasternack seeks to recover damages from defendants Laboratory Corporation of America Holdings (LabCorp) and ChoicePoint, Inc., arising from defendants' alleged misconduct...

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