Brian Andrews and Dylan Braverman are very pleased to obtain the dismissal of all death and nursing home violations claims against a Long Island nursing home which provided care during the heart of the COVID-19 pandemic. Plaintiff claimed that longstanding infection control lapses resulted in exposure and death from COVID-19. The BPN COVID-19 Team moved to dismiss rather than answer the Complaint. The motion to dismiss was supported by evidence refuting the claims, and establishing that the care was impacted by the good faith response to the COVID-19 guidance. While plaintiff argued that the COVID-19 immunities did not apply due to a statutory exception for gross-negligence, the Long Island Court agreed with the BPN COVID-19 Team that the claims did not rise to the level of gross negligence. As a result, all claims were dismissed. The COVID-19 Team is thrilled to have obtained this result for our client, who served the most needy New Yorkers in their hour of need during the COVID-19 pandemic.