On August 13, 2025, the Appellate Division, Second Department, issued a critical decision in favor of a New York City nursing home that will have lasting implications for litigation arising from the early months of the COVID-19 pandemic. In a case involving infection control claims, Megan Lawless successfully obtained reversal and dismissal of the complaint […]
BPN secured a mid-discovery dismissal of all malpractice claims brought against a leading New York hospital. After identifying a statutory defense during discovery, Angela Bonica and Dylan Braverman moved to dismiss on the pleadings. Despite plaintiff’s vigorous opposition supported by expert opinion, BPN successfully advanced reply briefings and oral argument by Mr. Braverman, after which […]
Christian McCarthy and Kiki Chrisomallides successfully obtained a dismissal of claims, with prejudice, as to their client following a motion for summary judgment and to dismiss under the under the COVID-19 immunities afforded by the EDTPA and Prep Act in a case involving allegations of negligence in the failure to prevent and treat pressure ulcers […]
Gemma Kenney, John Barker and Rani Kulkarni prevailed on a motion for summary judgement on behalf of an individual physician and New York hospital system dismissing the Complaint in its entirety. The matter centered upon the plaintiff’s allegations of medical malpractice, informed consent, res ipsa loquitor, vicarious liability and negligent hiring, supervision and retention. Plaintiffs […]
Mamie Stathatos-Fulgieri, Adonaid Medina, Kayla Nieves and Alexandra Zerrillo prevailed on a motion for summary judgment on behalf of a Manhattan nursing home, dismissing the Complaint in its entirety. The matter centered upon the plaintiff’s allegations of violations of New York Public Health Law, negligence, gross negligence, and wrongful death against the nursing home defendant based […]
In a property damage action where the named plaintiff was the incorrect party and did not personally sustain any damages, plaintiff sought leave to amend the caption after the expiration of the statute of limitations period. BPN opposed the plaintiff’s motion, and moved to dismiss the Complaint, on the basis that plaintiff did not sustain […]
On June 25, 2025, Joseph P. Muscarella secured a unanimous defense verdict before the Honorable Francis Ricigliano in Nassau County Supreme Court. The plaintiff alleged that she tripped and fell in an interior hallway of an outpatient medical office of a local hospital due to an alleged dangerous condition in the hallway, claiming that the […]
Seema Palmerson and Dylan Braverman were granted pre-answer dismissal of wrongful death, malpractice and improper infection control claims against a prominent Suffolk County nursing home. The Supreme Court found that the evidence presented by BPN established that plaintiff would not be able to assert any claim as a matter of law. Thus, the BPN client […]
Brian Andrews and Dylan Braverman obtained pre-answer dismissal of all claims in the New York Supreme Court against a prominent Manhattan facility alleging wrongful death, statutory violations and COVID-19 claims. BPN moved to dismissed these claims pre-answer alleging that there was no cause of action for these claims. The court agreed, and all claims against […]
On May 29, 2025, Alexandra N. Nieto and Dawn Bristol won a motion for summary judgment on behalf of a hospital, dismissing the Complaint in its entirety. The matter centered upon plaintiff’s allegations of negligence and recklessness when the hospital’s ambulance collided with a city bus operated by the plaintiff. After oral argument, the Honorable […]