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, […]
On June 4, 2025, the Appellate Division, Second Department, upheld the dismissal of all claims against a New York City hospital stemming from a patient’s treatment for COVID-19 in April 2020. Plaintiff alleged that the hospital was negligent in failing to prevent and properly treat decubitus ulcers that developed during the patient’s hospitalization for COVID-19. […]
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 […]
In an action for personal injuries brought by plaintiff, who was a traveling nurse at our client hospital, Miles Reiner and Nicole Salerno secured summary judgment. Plaintiff alleged that she fell on ice while getting out of her car, in the hospital parking lot on January 22, 2020. The Court agreed with our argument that […]
On May 12, 2025, Ralph Morales, Daniel O’Connell, and Jesse Wang prevailed in a motion for summary judgment and dismissal of plaintiffs’ Complaint in its entirety pursuant to CPLR 3212 in Queens County Supreme. The medical malpractice action was premised upon allegations of lack of informed consent and improper performance of an exploratory laparotomy and […]
Christian D. McCarthy, Edward J. Arevalo, and Kiki Chrisomallides successfully obtain discontinuances, with prejudice, as to their clients following a motion for summary judgment in a case involving allegations of negligence in the preoperative clearance of a then fifty-six (56) year old female decedent prior to undergoing a total knee arthroscopy (“TKA”), after which she […]
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 […]
On April 21, 2025, Gunjan Persaud and Mamie Stathatos-Fulgieri won a motion for summary judgement on liability on behalf of a nursing home, dismissing a medical malpractice claim against the nursing home in its entirety. The matter centered upon plaintiff’s allegations of medical malpractice for defendant’s purported improper wound care, resulting in pressure ulcers, sepsis, […]
On March 27, 2025, Gunjan Persaud and Joseph Muscarella won a motion for summary judgement on liability on behalf of a real estate entity of a major New Your City hospital. Our motion sought dismissal of the Complaint alleging negligence against the real estate entity of the hospital in its entirety. The matter centered upon […]
On April 21, 2025, Robert Boccio, Adonaid Medina, and Jesse Wang won a motion for leave to reargue and, upon reargument, prevailed in their summary judgment motion on behalf of a large New York City hospital, dismissing a medical malpractice claim against the hospital in its entirety. The matter centered upon plaintiff’s allegations of medical […]