On March 27, 2025, Gunjan Persaud and Joseph Muscarella won a motion for summary judgement on liability on behalf of a real estate entity of a major New Your City hospital. Our motion sought dismissal of the Complaint alleging negligence against the real estate entity of the hospital in its entirety. The matter centered upon […]
On April 21, 2025, Robert Boccio, Adonaid Medina, and Jesse Wang won a motion for leave to reargue and, upon reargument, prevailed in their summary judgment motion on behalf of a large New York City hospital, dismissing a medical malpractice claim against the hospital in its entirety. The matter centered upon plaintiff’s allegations of medical […]
Over strenuous opposition, Kelly Bronner prevailed on a hard-fought pre-answer motion to compel arbitration. Plaintiff brought a 60-page complaint against a nursing home alleging malpractice, statutory and death claims. However, in investigating the matter, BPN obtained the admission agreement which included a duly signed arbitration agreement. As a result, a motion to dismiss and compel […]
On March 28, 2025, Daniel O’Connell and Kyriaki Chrisomallides won summary judgment dismissing a medical malpractice action against a major New York City hospital in an action involving allegations of negligence related to an incisional biopsy of the breast and a failure to timely identify and treat a resulting infection, resulting in severe disfigurement of […]
Dylan Braverman moved to dismiss all death, statutory and malpractice claims brought against a facility. Plaintiff claimed that poor infection control and lack of COVID-19 preparation led to exposure and death of an allegedly vulnerable patient. Dylan argued that the care was covered under state and federal immunities warranting pre-answer dismissal prior to discovery. Plaintiff […]
Tammy Trees secured a dismissal of the Complaint on plaintiff’s res ipsa loquitur claims in a matter venued in Suffolk County involving treatment by a gastroenterologist. Plaintiff commenced this action to recover damages for injuries to his shoulder and arm that he allegedly sustained while undergoing a biopsy of his pancreas. Plaintiff asserted a single […]
On March 31, 2025, Judge Kathleen Sheedy, of the Superior Court, Monmouth County, granted Mr. Patterson’s motion to reconsider a prior court order denying summary judgment, dismissing the case with prejudice. Plaintiff claimed the defendant oral surgery group failed to timely diagnose and treat oral cancer, leading to the death of a 71 year old […]
Brian Andrews and Dylan Braverman moved to dismiss prior to answering the complaint against a claim of wrongful death, malpractice and statutory violations against a prominent Manhattan Catholic nursing home. Plaintiff asserted a lengthy and detailed complaint alleging that the patient was exposed to and died of COVID-19. This was rebutted pre-answer by the Chief […]
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 […]