Motion/Appellate Results

BPN attorneys Dylan Braverman and Nicole Varisco obtained dismissal of all claims related to alleged malpractice by a NYC nursing home during the COVID-19 pandemic. In the Complaint, it was alleged that the facility was unprepared for the COVID-19 pandemic and failed to adequately supervise the patient resulting in a fall and fracture. The BPN […]

In a very hotly contested matter, plaintiff claimed that the patient was allowed to bleed to death overnight in codefendant’s ICU. BPN represented the consulting gastroenterologist and attending internal medicine hospitalist, as well as their employer which is a large multidiscipline medical practice. After years of deeply contentious litigation, motion practice and almost a dozen […]

On November 21, 2024, in a case against a major New York City Hospital System involving claims of battery and negligence, Josh Cohen and Jesse Wang prevailed in obtaining a protective order, pursuant to NY CPLR § 3103, preventing the unnecessary disclosure of the IDs of various hospital employees. Within the moving papers, defendants argued […]

Adonaid Medina, of our Appellate Team, secured the affirmance of the dismissal of a complaint from the Appellate Division, Second Department. The action was commenced for alleged medical malpractice, wrongful death, negligent hiring, supervision, and retention, loss of consortium, and loss of parental guidance, in relation to the care and treatment provided by our client, […]

On July 25, 2024, Neil Mascolo won summary judgement on behalf of a property manager in a premises liability matter venued in  Supreme Court, Nassau County. Plaintiff, an employee of the buildings cleaning sub-contractor, sued numerous parties, including the property owner and one of the cleaning sub-contractors, alleging that the defendants were negligent in causing […]

On July 30, 2024, Mamie Stathatos-Fulgieri and Jesse Wang won summary judgment on behalf of a major NYC hospital in a medical malpractice action venued in New York County Supreme. Plaintiff alleged that the hospital negligently discharged the plaintiff’s decedent, resulting in the decedent’s untimely death. In our motion papers, we argued that plaintiff’s decedent […]

Joshua Cohen prevailed before the New York Appellate Division on a novel issue involving a plaintiff’s demand for an inspection of the plaintiff’s electronic medical record (EMR) with their expert to review and extract metadata and an audit trail.  Plaintiff argued the physician’s record may have been altered after the care at issue and sought […]

Plaintiff brought a Wrongful Death and Public Health Law lawsuit against our client, which is the largest nursing home in the state of New York. The COVID-19 team argued that the claims were subject to the EDTPA immunity, and moved to dismiss prior to discovery. The court agreed and dismissed all claims. Once again, Brian […]

Brian Andrews and Dylan Braverman obtained pre-answer dismissal of all claims brought against a NYC nursing facility who suffered greatly during the initial surge of COVID-19 in the Spring of 2020. Plaintiff claimed that the patient’s exposure to COVID-19 was due to infection control violations, and lack of resources resulting in death. Plaintiff claimed that […]

The Supreme Court of Bronx County found that the COVID-19 EDTPA immunity applied to all claims brought by a patient against a Bronx Hospital, and in doing so dismissal the case in its entirety. Dylan Braverman argued that while the Compliant did not allege any claims related to COVID-19, the care was impacted by the […]