September 9, 2025
Joseph Furlong and Dylan Braverman secured a pre-answer dismissal of a 65-page Complaint alleging longstanding infection control lapses, statutory violations, malpractice, negligence, and wrongful death. The plaintiff claimed that infection control failures caused widespread exposure to COVID-19 at a Brooklyn medical facility, resulting in a patient’s death. Relying on the federal Public Readiness and Emergency […]
September 4, 2025
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 […]
July 11, 2025
Seema Palmerson and Dylan Braverman were granted pre-answer dismissal of wrongful death, malpractice and improper infection control claims against a prominent Suffolk County nursing home. The Supreme Court found that the evidence presented by BPN established that plaintiff would not be able to assert any claim as a matter of law. Thus, the BPN client […]
July 7, 2025
Brian Andrews and Dylan Braverman obtained pre-answer dismissal of all claims in the New York Supreme Court against a prominent Manhattan facility alleging wrongful death, statutory violations and COVID-19 claims. BPN moved to dismissed these claims pre-answer alleging that there was no cause of action for these claims. The court agreed, and all claims against […]
June 18, 2025
Brian Andrews and Dylan Braverman are proud to announce the dismissal of all claims against a Brooklyn Hospital in Kings County Supreme Court under the NYS COVID-19 immunities. Plaintiff brought this malpractice and wrongful death action against the hospital for injuries sustained while treating a COVID-19 patient at the height of the first wave of […]
June 12, 2025
Rani Kulkarni, Brian Andrews and Dylan Braverman are happy to obtain dismissal of all claims on behalf of a world-renowned Manhattan Hospital. Plaintiff brought malpractice claims against the hospital, and the BPN team moved to dismiss based on the ETPA immunity. Plaintiff countered that the claim had nothing to do with the patient’s COVID-19 status, […]
May 23, 2025
Kelly Bronner and Dylan Braverman prevailed in convincing the Court that New York’s CPLR 205 does not permit plaintiff to file consecutive actions without legal capacity to do so. Plaintiff brought a malpractice and wrongful death action with a proposed administrator. BPN moved to dismiss on lack of capacity and prevailed. Plaintiff thereafter had 6-months […]
April 30, 2025
Kelly Bronner and Dylan Braverman obtained pre-answer dismissal of all wrongful death, malpractice, negligence and statutory violation claims brought against a Brooklyn nursing home. Plaintiff claimed that the patient was exposed to COVID-19 during the early stages of the pandemic in April 2020. Kelly and Dylan moved to dismiss pre-discovery on the grounds that plaintiff […]
April 11, 2025
Dylan Braverman moved to dismiss all death, statutory and malpractice claims brought against a facility. Plaintiff claimed that poor infection control and lack of COVID-19 preparation led to exposure and death of an allegedly vulnerable patient. Dylan argued that the care was covered under state and federal immunities warranting pre-answer dismissal prior to discovery. Plaintiff […]
March 25, 2025
Brian Andrews and Dylan Braverman moved to dismiss prior to answering the complaint against a claim of wrongful death, malpractice and statutory violations against a prominent Manhattan Catholic nursing home. Plaintiff asserted a lengthy and detailed complaint alleging that the patient was exposed to and died of COVID-19. This was rebutted pre-answer by the Chief […]
March 18, 2025
Jennifer Lobaito and Dylan Braverman moved to dismiss a Complaint based on Wrongful Death and Breach of Nursing Home Public Health Law. Plaintiff argued that poor infection control standards allowed the patient to be exposed to and die from COVID-19. The BPN COVID-19 team submitted two affirmation establishing that there was good faith compliance with […]
February 26, 2025
Brian Andrews and Dylan Braverman are very pleased to obtain the dismissal of all death and nursing home violations claims against a Long Island nursing home which provided care during the heart of the COVID-19 pandemic. Plaintiff claimed that longstanding infection control lapses resulted in exposure and death from COVID-19. The BPN COVID-19 Team moved […]
February 26, 2025
Plaintiff brought claims of wrongful death, lapses in infection control and statutory violations against our client, a Brooklyn, New York nursing home. Jenifer Lobaito and Dylan Braverman moved to dismiss rather than answer, with the support of the Affirmations of the patient’s attending physician and the facility’s medical director. Plaintiff opposed, and in doing so […]
January 14, 2025
Dylan Braverman obtained dismissal of all claims against a work-class Manhattan hospital, an ED attending and a New Jersey physician who volunteered to assist during the darkest days of the COVID-19 surge. Plaintiff brought negligence and malpractice claims against BPN’s clients as well as other facilities and physicians. After this case was transferred from another […]
January 14, 2025
On a motion to reargue the court’s prior decision, Dylan Braverman argued that the court applied the wrong standard of review in denying a pre-answer motion to dismiss all claims against a pulmonologist who was treating a lung cancer patient. Dylan had originally moved on the grounds that the claim was barred due to the […]
January 14, 2025
Kelly Bronner and Dylan Braverman obtained pre-answer dismissal of all wrongful death, malpractice, negligence and statutory violation claims brought against a prominent Harlem nursing home. Plaintiff claimed that the patient was exposed to COVID-19 during the initial surge of the pandemic in New York City. Kelly and Dylan moved to dismiss pre-answer on the grounds […]
December 20, 2024
Dylan Braverman and the COVID-19 Team obtained dismissal of all claims brought against an ED Doctor at a state-owned teaching hospital system. On March 17, 2020, plaintiff appeared at the emergency department. He was diagnosed with a panic attack and discharged. He returned hours later with clear stroke symptoms. It is claimed that the chance […]
October 3, 2022
On September 30, 2022, Dylan Braverman and Megan Lawless prevailed on a pre-answer motion to dismiss in favor of a Staten Island hospital in the Supreme Court, Richmond County. Plaintiff brought malpractice claims based on care provided in April 2020. The VBPNP COVID-19 Team argued that the claims must be dismissed, based on the broad […]
December 11, 2024
Kelly Bronner and Dylan Braverman obtained dismissal of wrongful death, malpractice and statutory violation claims against a major New York City Metropolitan area faith-based nursing home. Plaintiff brought the initial action without capacity to do so. The case was dismissal due to lack of capacity. However, New York law allowed plaintiff to recommence within six-months […]
November 22, 2024
BPN attorneys Dylan Braverman and Nicole Varisco obtained dismissal of all claims related to alleged malpractice by a NYC nursing home during the COVID-19 pandemic. In the Complaint, it was alleged that the facility was unprepared for the COVID-19 pandemic and failed to adequately supervise the patient resulting in a fall and fracture. The BPN […]
November 22, 2024
In a very hotly contested matter, plaintiff claimed that the patient was allowed to bleed to death overnight in codefendant’s ICU. BPN represented the consulting gastroenterologist and attending internal medicine hospitalist, as well as their employer which is a large multidiscipline medical practice. After years of deeply contentious litigation, motion practice and almost a dozen […]
July 25, 2024
Plaintiff brought a Wrongful Death and Public Health Law lawsuit against our client, which is the largest nursing home in the state of New York. The COVID-19 team argued that the claims were subject to the EDTPA immunity, and moved to dismiss prior to discovery. The court agreed and dismissed all claims. Once again, Brian […]
July 16, 2024
Brian Andrews and Dylan Braverman obtained pre-answer dismissal of all claims brought against a NYC nursing facility who suffered greatly during the initial surge of COVID-19 in the Spring of 2020. Plaintiff claimed that the patient’s exposure to COVID-19 was due to infection control violations, and lack of resources resulting in death. Plaintiff claimed that […]
June 7, 2024
The Supreme Court of Bronx County found that the COVID-19 EDTPA immunity applied to all claims brought by a patient against a Bronx Hospital, and in doing so dismissal the case in its entirety. Dylan Braverman argued that while the Compliant did not allege any claims related to COVID-19, the care was impacted by the […]
June 5, 2024
The COVID-19 team moved to dismiss the claims against a Long Island facility prior to the answer based on the EDTPA immunities. Plaintiff claimed wrongful death, malpractice and intentional misinformation based on claims that the patient was exposed to and died from COVID-19, and that the family was not properly informed of extent COVID-19 presence […]
December 20, 2024
Brian Andrews and Dylan Braverman moved to dismiss the wrongful death, malpractice and statutory violation claims against a well-known Long Island rehabilitation center and nursing home based on the EDTPA and PREP Act immunities. The court granted the pre-answer motion and dismissed this case with prejudice prior to discovery. The court found that the affirmations […]
June 5, 2024
Plaintiff brought a malpractice claim against a major Manhattan Research Hospital as well as two physicians. The claims were that the COVID-19 vaccine was contraindicated due to preexisting conditions, and resulted in significant and life threatening complications. Dylan Braverman moved to dismiss based on the federal PREP Act which holds medical providers immune when claims […]
June 5, 2024
The COVID-19 team moved prior to answering to dismiss claims brought by the family on behalf of a former resident claiming that a Staten Island nursing home failed to prevent the exposure to and death from COVID-19. Brian Andrews and Dylan Braverman argued that this claim should never have been brought as it was subject […]
June 4, 2024
Josh Cohen and Dylan Braverman prevailed in obtaining dismissal of all claims brought against a busy Brooklyn Hospital based on the COVID-19 immunities. Plaintiff brought a malpractice action due allegedly developing pressure ulcers and sepsis during the hospitalization. While the patient was initially not being treated for COVID-19, plaintiff tested positive during the admission. The […]
December 18, 2023
The COVID-19 team is pleased to announce the dismissal of wrongful death, malpractice and gross negligence claims against five physicians a major Staten Island hospital who stood with the community in battling COVID-19. All claims arose from the care of a severely ill COVID-19 patient by the hospital and its clinical staff at the height […]
October 3, 2022
On July 7, 2022, Dylan Braverman, Megan Lawless and Chuck Faillace prevailed on a motion to dismiss in favor of a major Manhattan hospital in the Supreme Court, New York County. Plaintiff brought malpractice claims based on care provided in March 2020. The VBPNP COVID-19 Team argued that the claims must be dismissed, based on […]
December 1, 2023
In a long awaited decision, Megan Lawless and Dylan Braverman obtained dismissal of all claims brought against the firm’s nursing home client based on the federal PREP Act and the state EDTPA immunities. Plaintiff alleged negligence, malpractice, gross negligence, wrongful death and statutory violations against the nursing home based on their response to COVID-19 and […]
December 1, 2023
Leilani Rodriguez, Mickey Milchan and Dylan Braverman obtained pre-answer dismissal of all malpractice and wrongful death claims against a major Brooklyn, New York hospital. The COVID-19 team argued that the claims were barred by the EDTPA and the PREP Act immunities. Plaintiff countered that the EDTPA was repealed and unconstitutional, that the claims amounted to […]
November 3, 2023
Nicole Varisco, Brian Andrews and Dylan Braverman obtained pretrial dismissal of all claims against their Brooklyn facility. Plaintiff brought malpractice and statutory claims against the facility claiming that improper care led to a hip fracture requiring reconstructive surgery with hardware, a Stage 1 heel pressure ulcer and a Stage 3 pressure ulcer of the sacral […]
November 3, 2023
Brian Andrews and Dylan Braverman prevailed on their pre-answer motion to dismiss, seeking to enforce the EDTPA COVID-19 immunity against claims of wrongful death, malpractice and statutory violations brought against one of the largest long term care facilities in the state. Plaintiff claimed that the patient was exposed to and then died of COVID-19 during […]
November 1, 2023
In a hard fought win that will impact over 1,000 hotly contested COVID-19 claims throughout the state, Megan Lawless and Dylan Braverman achieved a landmark victory in reversing an Order from New York’s Litigation Coordinating Panel that forced all nursing home COVID-19 era claims to be coordinated for dispositive motions, discovery and pretrial proceedings throughout […]
August 24, 2023
Adonaid Medina, Mike Diven and Dylan Braverman obtained dismissal of medical malpractice claims brought against a Manhattan Hospital affiliated with the largest medical system in New York. Plaintiff was represented by aggressive plaintiff’s counsel who opposed dismissal by way of two expert opinions arguing that there was malpractice associated with a two stage anterior discectomy […]
August 10, 2023
The COVID-19 team prevailed in a pre-answer motion to dismiss an almost 50-page Complaint containing Eight Causes of Action against a New York City Nursing Home. Plaintiff claimed that there was poor infection control policies and a failure to comply with CDC and New York Department of Health COVID-19 policies, leading to the patient’s exposure […]
July 20, 2023
Patricia Comblo and Dylan Braverman secure summary judgment win in favor of physician client in Bronx County Supreme Court wrongful death action. Plaintiff alleged medical malpractice regarding a failure to diagnose and treat acute myelogenous leukemia. The VBPNP team argued there was no viable claims as against their client. Specifically, it was argued their client […]
June 6, 2023
Dylan Braverman and Tyler Fiorello moved to dismiss the claims against their client, a radiologist employed by a major metropolitan area academic research hospital. The patient presented to the Emergency Department with flu-like symptoms on January 10, 2021 (the second wave of COVID-19 in the NYC Metropolitan area). The ED attending suspected COVID-19 and ordered […]
