The COVID-19 team moved to dismiss the claims against a Long Island facility prior to the answer based on the EDTPA immunities. Plaintiff claimed wrongful death, malpractice and intentional misinformation based on claims that the patient was exposed to and died from COVID-19, and that the family was not properly informed of extent COVID-19 presence […]
Josh Cohen and Dylan Braverman prevailed in obtaining dismissal of all claims brought against a busy Brooklyn Hospital based on the COVID-19 immunities. Plaintiff brought a malpractice action due allegedly developing pressure ulcers and sepsis during the hospitalization. While the patient was initially not being treated for COVID-19, plaintiff tested positive during the admission. The […]
Neil Mascolo and Veronika Tadros obtained summary judgement on behalf of their client in a “loading and unloading” coverage action. The case involved a Declaratory Judgment action commenced on behalf of our client who had issued a disclaimer pursuant to the “loading and unloading” exclusion in the CGL policy. In a decision dated May 10, […]
On May 22, 2024, Rani Kulkarni and John Barker secured a summary judgment win on behalf of a Queens County radiologist. Plaintiff alleged a failure to interpret breast imaging, claiming that her diagnosis of breast cancer was delayed as a result. The Court granted summary judgment, finding that contrary to plaintiff’s allegation, the radiologist did […]
On May 14, 2024, Rani Kulkarni and John Barker won a motion for summary judgment on behalf of a surgical oncologist in Nassau County. Plaintiff alleged violations of the New York State Home Rights Law by the defendant. The Court stated that the defense had established a prima facie entitlement to summary judgment and plaintiff […]
On May 2, 2024, Neil Mascolo and Adonaid Medina secured a dismissal of indemnification claims asserted against our client from the Appellate Division, First Department, reversing the denial of summary judgment by Supreme Court, New York County. The dispute involved a multi-million-dollar property damages claim, where the main defendant HVAC service provider sought to impose […]
On March 13, 2024, Mamie Stathatos-Fulgieri and Mara Cella won a Motion to Dismiss on the basis of improper service. This action was commenced against a Brooklyn hospital and a physician alleging medical malpractice. Counsel attempted service on both the doctor and the facility by mailing the summons and complaint to the address of the […]
On March 27, 2024, Joshua Cohen and Jesse Wang won a motion to dismiss for lack of legal capacity as to all claims brought against a major New York hospital system. The plaintiff, as the “Proposed” Guardian of an incapacitated individual, brought malpractice claims based on the failure to implement fall and pressure injury precautions, allegedly causing brain […]
On February 7, 2024, Judge L. Grace Spencer, of the Superior Court of New Jersey, Essex County, granted our motion for summary judgment. The action sounded in medical malpractice and concerned claims of a failure to diagnose and properly treat a three-week old infant during an emergency room presentation. The infant’s parents brought him to […]
On December 11, 2023, Alexandra Zerrillo and Jeffrey Nichols secured a summary judgment win on behalf of a Brooklyn venued nursing home client. Plaintiff alleged medical malpractice, negligence, and violations of the Public Health Law against the nursing home defendant based upon an alleged failure to prevent the development and deterioration of numerous pressure ulcers. […]