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 of the attending and administrator conclusively established entitlement to EDTPA dismissal. The court also found that the complaint’s gross negligence claims were conclusory and thus not a valid exception to EDTPA dismissal. The court also granted dismissal based on the federal PREP Act immunity. We are pleased with this result. While the BPN COVID-19 team has regularly prevailed on pre-answer EDTPA dismissal, many courts decline to decide the PREP Act as academic. Here, the court also granted on the PREP Act which was the correct result considering the nature and breadth of that federal COVID-19 immunity.