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 […]
Adonaid Medina and Mamie Stathatos-Fulgieri secured summary judgment dismissal on behalf of a psychiatric services group in an action based on allegations of medical malpractice, lack of informed consent, and negligent hiring. The plaintiff alleged that the defendant group and its providers were negligent in managing the psychotropic medications being administered to the patient, and […]
Partners Nicole Salerno and Kyriaki Chrisomallides secured summary judgment on a property damage claim against their demolition client, including dismissal of all cross-claims for common law contribution and indemnification, breach of contract, and contractual indemnification. This subrogation action arose out of property damage at a building in Manhattan. Plaintiff, the insurer for its subrogors, who […]
Daniel O’Connell successfully obtained summary judgment on behalf of an esthetician and dermatology practice in a medical malpractice action venued in Nassau County, resulting in the complete dismissal of all claims against the client. The Court granted summary judgment in its entirety, ruling in favor of the defense and rejecting plaintiff’s allegations of neurological injuries […]
The Court found that the plaintiff failed to state a cause of action against the resident because, in a medical malpractice action, liability generally may not be imposed in the absence of a physician-patient relationship, which requires the physician to have either affirmatively treated the patient or affirmatively advised the patient as to a course […]
Plaintiff brought wrongful death, Public Health Law, and malpractice claims against a Long Island, New York nursing home. The crux of plaintiff’s claims involved the development and advancement of pressure ulcers leading to infection and death. The BPN team moved for summary judgment in Nassau County. The motion was granted, resulting in dismissal of the […]