Christian D. McCarthy and Dylan Braverman Obtain Pre-Answer Dismissal of Wrongful Death and Nursing Home Claims Against a New York–Area Nursing Home

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 […]

Brian DiPentima and Jeffrey Nichols Secure Summary Judgment

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 […]

Tammy Trees was Granted Dismissal of Complaint on Behalf of an Internist who Treated a Patient at a Nursing Home

Tammy Trees secured a dismissal of the Complaint in a medical malpractice case venued in Kings County that involved claims of medical malpractice, negligence, lack of informed consent, and violation of Public Health Law § 2801-d. Plaintiff commenced this action to recover damages for injuries that included anoxic brain injury secondary to the patient’s self-decannulation […]

Robert Boccio and Rachel McGarry Secure Summary Judgment Win

Robert Boccio and Rachel McGarry obtained summary judgment on behalf of our dentist client in a medical malpractice action involving allegations of negligent dental implant placement and teeth removal resulting in implant removal, bone grafts, crowns, and the alleged need for full mouth reconstruction. Our team demonstrated that implant placement was appropriate, and that the […]

Karolina Wiaderna Wins Motion to Reargue, Leading to Ultimate Dismissal of Claims

BPN represented a mediator/arbitrator who had been served with a subpoena for deposition and later sued for discrimination under various state statutes. Although the court initially denied a motion to dismiss the claims, Ms. Wiaderna filed a motion to reargue, demonstrating that the court had applied the incorrect legal standard. The court granted the motion […]

Kings County Court Dismisses All Claims Against Major Metropolitan Health System

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

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 […]