Dylan Braverman and Gonzalo Suarez obtained dismissal of all claims brought against a Long Island facility. Plaintiff commenced an action alleging wrongful death, malpractice, and public health violations. After analyzing the complaint, the BPN team determined that documentary evidence rendered the claims insufficient as a matter of law. As a result, a motion to dismiss was filed.

The Court partially granted the motion, but the negligence per se and gross negligence claims survived. The Court found that the negligence per se claim was based on federal law, and thus New York state law was inapplicable. The Court also found that a prima facie gross negligence claim was pled. Mr. Braverman and Mr. Suarez then moved to renew and reargue on the grounds that the negligence per se claim could not be based on federal law and that New York immunities applied. The BPN team also argued that appellate authority had found similar gross negligence claims insufficiently pled, and that dismissal was warranted. Despite opposition, the Court agreed. The Court granted the motion to renew and reargue and, upon reconsideration, dismissed all claims. The result reflects a focused approach to early dismissal and, where appropriate, motions to renew and reargue.