# Doctor Fred L. Pasternack v. Laboratory Corporation of America Holdings

> New York Court of Appeals · June 30, 2016 · 27 N.Y.3d 817

URL: https://www.frixlaw.com/law-library/cases/9824479

## Case

- **Full name:** Doctor Fred L. Pasternack, Appellant, v. Laboratory Corporation of America Holdings, Also Known as LabCorp, Et Al., Respondents
- **Court:** New York Court of Appeals
- **Decided:** June 30, 2016
- **Citations:** 27 N.Y.3d 817; 59 N.E.3d 485
- **Precedential status:** Published
- **Opinion:** Dissent by Stein
- **Judges:** Abdus-Salaam, Difiore, Pigott, Garcia, Stein, Fahey, Rivera
- **Cited by:** 247 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9824479

## How later opinions describe it (automated extraction)

- declining to "extend the reliance element of fraud to include a claim based on the reliance of a third party, rather than the plaintiff," id. at 829, 37 N.Y.S.3d 750, 59 N.E.3d 485, but acknowledging that a plaintiff can allege fraud to the extent that a third party "acted as …
- declining “to extend Landon’s reasoning to impose a duty upon a laboratory to test subjects that requires the laboratory to adhere to aspects of the federal regulations and guidelines that do not implicate the scientific integrity of the testing process.”
- holding that a plaintiff cannot state a claim for fraud under New York law “based on the reliance of a third party, rather than the plaintiff”

## Opinion text

Stein, J.
(dissenting in part). I agree with, and join in, the *830 majority opinion insofar as the majority responds to the second certified question regarding third-party reliance in fraud claims. However, I join Judge Fahey’s dissent, for the reasons stated therein, with respect to the first certified question concerning the scope of the duty under Landon v Kroll Lab. Specialists, Inc. ( 22 NY3d 1 [2013]).

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9824479. Public record. Not legal advice.