Kelly Bronner and Dylan Braverman obtained pre-answer dismissal of all wrongful death, malpractice, negligence and statutory violation claims brought against a Brooklyn nursing home. Plaintiff claimed that the patient was exposed to COVID-19 during the early stages of the pandemic in April 2020. Kelly and Dylan moved to dismiss pre-discovery on the grounds that plaintiff did not and could not assert a cause of action due to the COVID-19 immunities, the EDTPA and PREP Act, and the facts of the case. Plaintiff argued in opposition that the motion did not “conclusively establish” entitlement to immunity. On reply and in oral argument, Kelly and Dylan pointed out the numerous ways in which their motion met the standards set forth by the appellate courts. The judge agreed and dismissed the case under both the EDTPA and PREP Act. Once again, the COVID-19 team is proud to serve the frontline responders who worked tirelessly to care for their fellow New Yorkers in the first months of the COVID-19 pandemic.