Brian Andrews and Dylan Braverman obtained pre-answer dismissal of all claims brought against a NYC nursing facility who suffered greatly during the initial surge of COVID-19 in the Spring of 2020. Plaintiff claimed that the patient’s exposure to COVID-19 was due to infection control violations, and lack of resources resulting in death. Plaintiff claimed that the Nursing Facility was grossly negligent and asked for punitive damages. BPN moved to dismiss pre-answer, on the grounds that the alleged infection control violations were contrived, that all care was performed in good faith pursuant to the COVID-19 guidelines then in place and that the gross negligence claims were conclusory and not viable under New York law. Plaintiff opposed, and submitted an affirmation by an “expert” to substantiate the claims. The NYC court applied the EDTPA COVID-19 immunity and granted dismissal. We are pleased to once again serve the brave front line responders who protected New Yorkers in the darkest days of the COVID-19 pandemic.