Plaintiff brought claims of wrongful death, lapses in infection control and statutory violations against our client, a Brooklyn, New York nursing home. Jenifer Lobaito and Dylan Braverman moved to dismiss rather than answer, with the support of the Affirmations of the patient’s attending physician and the facility’s medical director. Plaintiff opposed, and in doing so claimed that the alleged wrongful acts amounted to gross negligence. At oral argument, Zack Benoit pointed out that the claims do not constitute gross negligence and that the standard was met for pre-answer dismissal. Despite plaintiff’s opposition, the Brooklyn court agreed and dismissal all claims. BPN is very happy to have obtained dismissal of these claims on behalf of a very deserving community nursing home who has rightfully long been well regarding in New York City.