Motion/Appellate Results

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 […]

Robert Boccio and Rachel McGarry obtained summary judgment on behalf of our dentist client in a medical malpractice action involving allegations of negligent dental implant placement and teeth removal resulting in implant removal, bone grafts, crowns, and the alleged need for full mouth reconstruction. Our team demonstrated that implant placement was appropriate, and that the […]

On December 9, 2025, Dawn Bristol and Alexandra Nieto secured summary judgment on behalf of a hospital in a premises-liability action arising from an alleged trip-and-fall on a sidewalk adjacent to the facility. The plaintiff claimed injuries caused by a defective sidewalk condition. BPN argued that the hospital could not be held liable because the […]

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 […]