BPN successfully obtained the dismissal of all claims against a major metropolitan-area Health System in Kings County Supreme Court. Partners Jennifer Lobaito and Dylan Braverman moved to dismiss the plaintiff’s Complaint, which alleged infectious disease and statutory violations purportedly leading to a patient’s death. Following oral argument by Zack Benoit, the Court agreed with BPN’s […]
Summary Judgment Win for Christian McCarthy and Kiki Chrisomallides Christian McCarthy and Kiki Chrisomallides obtained summary judgment on behalf of our hospital client in a medical malpractice action involving allegations of a failure to timely diagnose and treat a pelvic abscess and anastomotic leak that purportedly led to infection, perforation, additional surgeries, and the need […]
Seema Palmerson and Dylan Braverman successfully secured the dismissal with prejudice of all claims brought against a major Long Island medical facility. The plaintiff’s nearly 100-page complaint asserted a litany of causes of action, including wrongful death, gross negligence, medical malpractice, and Public Health Law violations. Despite the plaintiff’s aggressive opposition and a cross-motion to […]
Ms. Lobaito and Mr. Braverman secured a dismissal with prejudice on behalf of our medical facility client as they convinced the Court that the plaintiff failed to comply with CPLR 205(a). The initial case was commenced without proper capacity and dismissed. Although the plaintiff was permitted six months to recommence, the new action was filed […]
Kelly Bronner, Brian Andrews, and Dylan Braverman successfully obtained pre-answer dismissal of all claims against a Manhattan nursing home. The plaintiff had alleged wrongful death and statutory violations arising from the patient’s exposure to and death from COVID-19. Instead of answering the complaint, the BPN team moved to dismiss, arguing that the plaintiff was not […]