Adonaid Medina secured an affirmance before the Appellate Division, Second Department, of a dismissal of all claims of dental malpractice arising from an alleged failure to diagnose squamous cell carcinoma. The plaintiff alleged that our dentist client failed to appreciate the signs and symptoms of squamous cell carcinoma during a period of a year and […]
On June 29, 2026, Gregg D. Weinstock, Gunjan Persaud and Jeremy K. Moldovan won a motion for summary judgment on liability on behalf of a major construction company contracted to perform work for the City of New York. Our motion sought dismissal of the complaint alleging negligence against the construction company in its entirety. The […]
Christian McCarthy and Dylan Braverman obtained summary judgment dismissing all claims in a case involving allegations of a retained bone fragment or free-floating exostosis allegedly incurred as a result of tenosynovectomy surgery and requiring surgical removal. However, we argued that there was no evidence that the bone fragment was secondary to the surgery, and subsequent […]
BPN’s Appellate Practice Chair Megan Lawless secured a significant appellate court win in New York’s Appellate Division, First Department. The court affirmed the dismissal of a COVID-19 infection control action against a nursing home prior to discovery, based on EDTPA immunity. This decision underscores the strength of EDTPA immunity in protecting healthcare providers faced with […]
Dylan Braverman and Gonzalo Suarez obtained dismissal of all claims brought against a Long Island facility. Plaintiff commenced an action alleging wrongful death, malpractice, and public health violations. After analyzing the complaint, the BPN team determined that documentary evidence rendered the claims insufficient as a matter of law. As a result, a motion to dismiss […]
Taryn Fitzgerald and Dylan Braverman obtained a pre-answer dismissal on the pleadings of all claims asserted against a Long Island health system, hospital, and nursing home arising out of care provided during the height of the COVID-19 surge. The Court found that the evidentiary submissions, including an affirmation from the attending physician, conclusively established good-faith […]
Plaintiffs commenced the action in Richmond County, alleging that a patient died after being exposed to COVID-19 in a nursing home in April 2020. Our office successfully obtained dismissal twice on the grounds that plaintiff lacked capacity to commence the action as a proposed administrator. Plaintiffs commenced the action a third time as co-administrators of […]
Gary Patterson and Rachel McGarry secured dismissal of all claims against their New Jersey-based hospital client due to lack of personal jurisdiction. The medical malpractice action involved allegations of negligent medical treatment arising from a lower leg surgery and the resulting injuries. Our team successfully argued that the plaintiff failed to meet his or her […]
Rosemary Martinson and Dylan Braverman secured dismissal of a petition seeking leave to serve a late notice of claim asserting medical malpractice and conscious pain and suffering claims against a major municipal hospital system. Petitioner’s counsel sought to pursue claims alleging negligent care and treatment of a sacral pressure ulcer, which allegedly led to sepsis […]
The Court granted summary judgment in its entirety, ruling in favor of the defense and rejecting the plaintiff’s allegations that the facility negligently caused pressure ulcers and failed to implement proper fall precautions. The Court found that the plaintiff’s proposed expert did not possess the qualifications necessary to offer expert testimony in opposition to the […]