Brian Andrews and Dylan Braverman moved to dismiss the wrongful death, malpractice and statutory violation claims against a well-known Long Island rehabilitation center and nursing home based on the EDTPA and PREP Act immunities. The court granted the pre-answer motion and dismissed this case with prejudice prior to discovery. The court found that the affirmations […]

On December 10, 2024, Gary W. Patterson, Jr. secured a defense verdict before Judge Jane Weiner of the Hudson County Superior Court.  The 27-year-old male plaintiff claimed the defendant emergency room physician failed to timely diagnose an acute ischemic limb, leading to amputation of his right leg above the knee.  The plaintiff later suffered from […]

On November 27, 2024, Charles Faillace secured a unanimous defense verdict before Judge Genine Edwards of the Supreme Court of Kings County.  In this podiatric malpractice action, plaintiff claimed that the defendant podiatric surgeon negligently performed a bunionectomy and correction surgery, which allegedly led to gait disturbance, non-union of the first metatarsal, short first metatarsal, […]

Kelly Bronner and Dylan Braverman obtained dismissal of wrongful death, malpractice and statutory violation claims against a major New York City Metropolitan area faith-based nursing home. Plaintiff brought the initial action without capacity to do so. The case was dismissal due to lack of capacity. However, New York law allowed plaintiff to recommence within six-months […]

BPN attorneys Dylan Braverman and Nicole Varisco obtained dismissal of all claims related to alleged malpractice by a NYC nursing home during the COVID-19 pandemic. In the Complaint, it was alleged that the facility was unprepared for the COVID-19 pandemic and failed to adequately supervise the patient resulting in a fall and fracture. The BPN […]

In a very hotly contested matter, plaintiff claimed that the patient was allowed to bleed to death overnight in codefendant’s ICU. BPN represented the consulting gastroenterologist and attending internal medicine hospitalist, as well as their employer which is a large multidiscipline medical practice. After years of deeply contentious litigation, motion practice and almost a dozen […]

On November 21, 2024, in a case against a major New York City Hospital System involving claims of battery and negligence, Josh Cohen and Jesse Wang prevailed in obtaining a protective order, pursuant to NY CPLR § 3103, preventing the unnecessary disclosure of the IDs of various hospital employees. Within the moving papers, defendants argued […]

On October 22, 2024, Scott Singer secured a unanimous defense verdict before Judge Wavny Toussaint of the Supreme Court of Kings County. The plaintiff, who had a long history of recurring joint infections in her hip, claimed that the defendant orthopedic surgeon negligently performed hip reconstruction surgery while she still had an ongoing infection. She […]

Adonaid Medina, of our Appellate Team, secured the affirmance of the dismissal of a complaint from the Appellate Division, Second Department. The action was commenced for alleged medical malpractice, wrongful death, negligent hiring, supervision, and retention, loss of consortium, and loss of parental guidance, in relation to the care and treatment provided by our client, […]

On July 25, 2024, Neil Mascolo won summary judgement on behalf of a property manager in a premises liability matter venued in  Supreme Court, Nassau County. Plaintiff, an employee of the buildings cleaning sub-contractor, sued numerous parties, including the property owner and one of the cleaning sub-contractors, alleging that the defendants were negligent in causing […]