Plaintiff brought a nearly 75-page Complaint in Staten Island alleging that a nursing home caused a patient to be exposed to COVID-19, resulting in death. In response, the BPN team moved to dismiss the Complaint, arguing that the claims trigger COVID-19 EDTPA immunity. The court denied the original motion, holding that the Complaint should be sustained and that gross negligence was adequately alleged. The BPN team determined that the decision was not consistent with emerging appellate law, and that the evidence supporting the motion warranted dismissal. The evidence, including party affirmations, the medical chart, and COVID-19 protocols, conclusively established that the care was impacted by the COVID-19 pandemic and refuted the gross negligence allegation. As a result, a motion to renew was filed based on that evidence and emerging appellate law. The BPN team successfully persuaded the trial court to reverse its prior decision denying the motion to dismiss on the pleadings. As a result, the Complaint was dismissed in its entirety.