Christian McCarthy and Joshua Cohen obtained summary judgment dismissing all seven causes of action in a case involving allegations of a purported assault at a hospital facility, allegedly committed by a hospital staff member while the plaintiff was under general anesthesia. The motion established that there was no evidence to support plaintiff’s claims that an […]

Christian D. McCarthy and Dylan Braverman moved to dismiss, prior to answering the complaint, claims for wrongful death, malpractice, and statutory violations against a New York Catholic nursing home. The plaintiff alleged that the patient was exposed to and died from COVID-19 while residing at the facility. In support of the motion, the claims were […]

Joshua Cohen and Alexandra Nieto obtained a complete pre-answer dismissal in the United States District Court for the Eastern District of New York in a civil rights action brought against a New York hospital represented by BPN. The plaintiff alleged that he was wrongfully detained by co-defendants, members of the New York City Police Department, […]

Brian DiPentima and Jeffrey Nichols prevailed on a motion for summary judgment on behalf of a plastic surgeon in Queens County Supreme Court, dismissing the Complaint in its entirety. Plaintiffs’ counsel alleged that our client, a plastic surgeon, negligently performed a sartorius muscle flap closure following vascular surgery to address an ongoing wound near the […]

In a hard-fought win, the BPN team obtained a pre-answer dismissal on the pleadings of a complaint brought against a Long Island nursing home. The nursing home accepted dozens of COVID-19 positive patients pursuant to state directive during the heart of the COVID-19 surge on Long Island. In doing so, the nursing home helped alleviate […]

Brian DiPentima and Jeffrey Nichols prevailed on a motion for summary judgment on behalf of a plastic surgeon in Queens County Supreme Court, dismissing the Complaint in its entirety. Plaintiffs’ counsel alleged that our client, a plastic surgeon, negligently performed a sartorius muscle flap closure following vascular surgery to address an ongoing wound near the […]

Tammy Trees secured a dismissal of the Complaint in a medical malpractice case venued in Kings County that involved claims of medical malpractice, negligence, lack of informed consent, and violation of Public Health Law § 2801-d. Plaintiff commenced this action to recover damages for injuries that included anoxic brain injury secondary to the patient’s self-decannulation […]

Robert Boccio and Rachel McGarry obtained summary judgment on behalf of our dentist client in a medical malpractice action involving allegations of negligent dental implant placement and teeth removal resulting in implant removal, bone grafts, crowns, and the alleged need for full mouth reconstruction. Our team demonstrated that implant placement was appropriate, and that the […]

On December 9, 2025, Dawn Bristol and Alexandra Nieto secured summary judgment on behalf of a hospital in a premises-liability action arising from an alleged trip-and-fall on a sidewalk adjacent to the facility. The plaintiff claimed injuries caused by a defective sidewalk condition. BPN argued that the hospital could not be held liable because the […]

BPN represented a mediator/arbitrator who had been served with a subpoena for deposition and later sued for discrimination under various state statutes. Although the court initially denied a motion to dismiss the claims, Ms. Wiaderna filed a motion to reargue, demonstrating that the court had applied the incorrect legal standard. The court granted the motion […]