Motion/Appellate Results

The Court found that the plaintiff failed to state a cause of action against the resident because, in a medical malpractice action, liability generally may not be imposed in the absence of a physician-patient relationship, which requires the physician to have either affirmatively treated the patient or affirmatively advised the patient as to a course […]

Plaintiff brought wrongful death, Public Health Law, and malpractice claims against a Long Island, New York nursing home. The crux of plaintiff’s claims involved the development and advancement of pressure ulcers leading to infection and death. The BPN team moved for summary judgment in Nassau County. The motion was granted, resulting in dismissal of the […]

Plaintiff brought a nearly 75-page Complaint in Staten Island alleging that a nursing home caused a patient to be exposed to COVID-19, resulting in death. In response, the BPN team moved to dismiss the Complaint, arguing that the claims trigger COVID-19 EDTPA immunity. The court denied the original motion, holding that the Complaint should be […]

The BPN team successfully moved to dismiss all wrongful death, malpractice, and statutory claims against a Long Island nursing home based on alleged failures leading to the death of a resident due to COVID-19. The claims concern care during the height of the COVID-19 pandemic in New York, and a motion to dismiss was made […]

Christian McCarthy and Joshua Cohen obtained summary judgment dismissing all seven causes of action in a case involving allegations of a purported assault at a hospital facility, allegedly committed by a hospital staff member while the plaintiff was under general anesthesia. The motion established that there was no evidence to support plaintiff’s claims that an […]

Christian D. McCarthy and Dylan Braverman moved to dismiss, prior to answering the complaint, claims for wrongful death, malpractice, and statutory violations against a New York Catholic nursing home. The plaintiff alleged that the patient was exposed to and died from COVID-19 while residing at the facility. In support of the motion, the claims were […]

Joshua Cohen and Alexandra Nieto obtained a complete pre-answer dismissal in the United States District Court for the Eastern District of New York in a civil rights action brought against a New York hospital represented by BPN. The plaintiff alleged that he was wrongfully detained by co-defendants, members of the New York City Police Department, […]

Brian DiPentima and Jeffrey Nichols prevailed on a motion for summary judgment on behalf of a plastic surgeon in Queens County Supreme Court, dismissing the Complaint in its entirety. Plaintiffs’ counsel alleged that our client, a plastic surgeon, negligently performed a sartorius muscle flap closure following vascular surgery to address an ongoing wound near the […]

In a hard-fought win, the BPN team obtained a pre-answer dismissal on the pleadings of a complaint brought against a Long Island nursing home. The nursing home accepted dozens of COVID-19 positive patients pursuant to state directive during the heart of the COVID-19 surge on Long Island. In doing so, the nursing home helped alleviate […]

Brian DiPentima and Jeffrey Nichols prevailed on a motion for summary judgment on behalf of a plastic surgeon in Queens County Supreme Court, dismissing the Complaint in its entirety. Plaintiffs’ counsel alleged that our client, a plastic surgeon, negligently performed a sartorius muscle flap closure following vascular surgery to address an ongoing wound near the […]