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 […]
Brian Andrews and Dylan Braverman are proud to announce the dismissal of all claims against a Brooklyn Hospital in Kings County Supreme Court under the NYS COVID-19 immunities. Plaintiff brought this malpractice and wrongful death action against the hospital for injuries sustained while treating a COVID-19 patient at the height of the first wave of […]
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 […]