BPN secured a mid-discovery dismissal of all malpractice claims brought against a leading New York hospital. After identifying a statutory defense during discovery, Angela Bonica and Dylan Braverman moved to dismiss on the pleadings. Despite plaintiff’s vigorous opposition supported by expert opinion, BPN successfully advanced reply briefings and oral argument by Mr. Braverman, after which the court reserved decision.

When new appellate guidance emerged, the court invited supplemental briefing and argument, which were handled by Brian Andrews and Mr. Braverman. Nearly a year after the motion was filed and following a third round of oral argument—the court fully granted BPN’s motion, dismissing all claims against the hospital.