Christian D. McCarthy and Dylan Braverman moved to dismiss, prior to answering the complaint, claims for wrongful death, malpractice, and statutory violations against a New York Catholic nursing home. The plaintiff alleged that the patient was exposed to and died from COVID-19 while residing at the facility. In support of the motion, the claims were […]

Joshua Cohen and Alexandra Nieto obtained a complete pre-answer dismissal in the United States District Court for the Eastern District of New York in a civil rights action brought against a New York hospital represented by BPN. The plaintiff alleged that he was wrongfully detained by co-defendants, members of the New York City Police Department, […]

Brian DiPentima and Jeffrey Nichols prevailed on a motion for summary judgment on behalf of a plastic surgeon in Queens County Supreme Court, dismissing the Complaint in its entirety. Plaintiffs’ counsel alleged that our client, a plastic surgeon, negligently performed a sartorius muscle flap closure following vascular surgery to address an ongoing wound near the […]

In a hard-fought win, the BPN team obtained a pre-answer dismissal on the pleadings of a complaint brought against a Long Island nursing home. The nursing home accepted dozens of COVID-19 positive patients pursuant to state directive during the heart of the COVID-19 surge on Long Island. In doing so, the nursing home helped alleviate […]