Jennifer Lobaito and Dylan Braverman moved to dismiss a Complaint based on Wrongful Death and Breach of Nursing Home Public Health Law. Plaintiff argued that poor infection control standards allowed the patient to be exposed to and die from COVID-19. The BPN COVID-19 team submitted two affirmation establishing that there was good faith compliance with […]
On February 20, 2025, Mamie Stathatos-Fulgieri, Jesse Wang, and Alexandra Zerrillo prevailed on a motion to reargue before the Supreme Court, Bronx County, on behalf of a New York skilled healthcare facility in a medical malpractice action. In the moving papers, the defense team successfully argued that the Court misapprehended or overlooked matters of law […]
Brian Andrews and Dylan Braverman are very pleased to obtain the dismissal of all death and nursing home violations claims against a Long Island nursing home which provided care during the heart of the COVID-19 pandemic. Plaintiff claimed that longstanding infection control lapses resulted in exposure and death from COVID-19. The BPN COVID-19 Team moved […]
Plaintiff brought claims of wrongful death, lapses in infection control and statutory violations against our client, a Brooklyn, New York nursing home. Jenifer Lobaito and Dylan Braverman moved to dismiss rather than answer, with the support of the Affirmations of the patient’s attending physician and the facility’s medical director. Plaintiff opposed, and in doing so […]
Joshua Cohen won a motion for summary judgment dismissing an action against a major NYC hospital alleging negligence resulting in amputation of the plaintiff’s hand and leg. The plaintiff claimed the hospital failed to prevent, diagnose and treat tissue ischemia and gangrene following a cardiac arrest with the use of vasopressors. It was further alleged […]
Taryn Fitzgerald and Megan Lawless moved to dismiss the negligence, gross negligence, wrongful death, malpractice and statutory violation claims against a prominent nursing home based on the EDTPA and PREP Act immunities. The court granted the pre-answer motion and dismissed this case with prejudice prior to discovery. The court found that the medical record and […]
Dylan Braverman obtained dismissal of all claims against a work-class Manhattan hospital, an ED attending and a New Jersey physician who volunteered to assist during the darkest days of the COVID-19 surge. Plaintiff brought negligence and malpractice claims against BPN’s clients as well as other facilities and physicians. After this case was transferred from another […]
On a motion to reargue the court’s prior decision, Dylan Braverman argued that the court applied the wrong standard of review in denying a pre-answer motion to dismiss all claims against a pulmonologist who was treating a lung cancer patient. Dylan had originally moved on the grounds that the claim was barred due to the […]
Kelly Bronner and Dylan Braverman obtained pre-answer dismissal of all wrongful death, malpractice, negligence and statutory violation claims brought against a prominent Harlem nursing home. Plaintiff claimed that the patient was exposed to COVID-19 during the initial surge of the pandemic in New York City. Kelly and Dylan moved to dismiss pre-answer on the grounds […]
On December 19, 2024, BPN attorneys Dylan Braverman, Nicole Varisco, and Kelly Bronner obtained dismissal of all claims related to alleged malpractice by a Long Island nursing home and its majority shareholder during the COVID-19 pandemic. In the Complaint, it was alleged that the facility was unprepared for the COVID-19 pandemic and failed to properly […]