BPN successfully obtained the dismissal of all claims against a major metropolitan-area Health System in Kings County Supreme Court. Partners Jennifer Lobaito and Dylan Braverman moved to dismiss the plaintiff’s Complaint, which alleged infectious disease and statutory violations purportedly leading to a patient’s death. Following oral argument by Zack Benoit, the Court agreed with BPN’s […]
Summary Judgment Win for Christian McCarthy and Kiki Chrisomallides Christian McCarthy and Kiki Chrisomallides obtained summary judgment on behalf of our hospital client in a medical malpractice action involving allegations of a failure to timely diagnose and treat a pelvic abscess and anastomotic leak that purportedly led to infection, perforation, additional surgeries, and the need […]
Seema Palmerson and Dylan Braverman successfully secured the dismissal with prejudice of all claims brought against a major Long Island medical facility. The plaintiff’s nearly 100-page complaint asserted a litany of causes of action, including wrongful death, gross negligence, medical malpractice, and Public Health Law violations. Despite the plaintiff’s aggressive opposition and a cross-motion to […]
Ms. Lobaito and Mr. Braverman secured a dismissal with prejudice on behalf of our medical facility client as they convinced the Court that the plaintiff failed to comply with CPLR 205(a). The initial case was commenced without proper capacity and dismissed. Although the plaintiff was permitted six months to recommence, the new action was filed […]
Kelly Bronner, Brian Andrews, and Dylan Braverman successfully obtained pre-answer dismissal of all claims against a Manhattan nursing home. The plaintiff had alleged wrongful death and statutory violations arising from the patient’s exposure to and death from COVID-19. Instead of answering the complaint, the BPN team moved to dismiss, arguing that the plaintiff was not […]
Brian Andrews, Kelly Bronner, and Dylan Braverman obtained a pre-action dismissal of all claims against a Westchester nursing home. The plaintiff filed a nearly 65-page complaint alleging wrongful death, statutory violations, and malpractice related to an April 2020 COVID-19 death. The team moved to dismiss rather than answer, and the court granted the motion, dismissing […]
Joseph Furlong and Dylan Braverman secured a pre-answer dismissal of a 65-page Complaint alleging longstanding infection control lapses, statutory violations, malpractice, negligence, and wrongful death. The plaintiff claimed that infection control failures caused widespread exposure to COVID-19 at a Brooklyn medical facility, resulting in a patient’s death. Relying on the federal Public Readiness and Emergency […]
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 […]
BPN secured a mid-discovery dismissal of all malpractice claims brought against a leading New York hospital. After identifying a statutory defense during discovery, Angela Bonica and Dylan Braverman moved to dismiss on the pleadings. Despite plaintiff’s vigorous opposition supported by expert opinion, BPN successfully advanced reply briefings and oral argument by Mr. Braverman, after which […]
Christian McCarthy and Kiki Chrisomallides successfully obtained a dismissal of claims, with prejudice, as to their client following a motion for summary judgment and to dismiss under the under the COVID-19 immunities afforded by the EDTPA and Prep Act in a case involving allegations of negligence in the failure to prevent and treat pressure ulcers […]