On August 13, 2025, the Appellate Division, Second Department, issued a critical decision in favor of a New York City nursing home that will have lasting implications for litigation arising from the early months of the COVID-19 pandemic.  In a case involving infection control claims, Megan Lawless successfully obtained reversal and dismissal of the complaint at the pleadings stage, prior to any discovery—setting a powerful precedent for future cases involving New York’s COVID-19 immunity statute, the Emergency or Disaster Treatment Protection Act (“EDTPA”).

The plaintiff alleged injuries stemming from the prevention, diagnosis, and treatment of COVID-19, but offered only conclusory allegations of gross negligence to avoid immunity under the EDTPA.  Ms. Lawless argued that under the Act, such claims must be dismissed when the defendant submits evidence satisfying the statutory criteria for immunity.

The Second Department agreed.  This marks the first decision from the Second Department enforcing dismissal of COVID-19 infection control claims arising from the early and most harrowing months of the pandemic—a time when healthcare providers and institutions were operating under extraordinary pressure and uncertainty.  This decision not only vindicates the protections afforded by New York’s COVID-19 immunity statute, but also provides critical guidance for courts and litigants navigating similar claims. It reinforces the principle that statutory immunity is not merely a defense to liability—it can be grounds for dismissal at the pleadings stage, saving defendants from costly and unnecessary litigation.