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 […]
The COVID-19 team moved prior to answering to dismiss claims brought by the family on behalf of a former resident claiming that a Staten Island nursing home failed to prevent the exposure to and death from COVID-19. Brian Andrews and Dylan Braverman argued that this claim should never have been brought as it was subject […]
Lori Shapiro has again zealously enforced the Admission Agreement entered into by the resident prior to admission to a large nursing home. The malpractice claim was brought in the Bronx, despite the agreements Choice of Venue Clause which designated Nassau County. Lori moved to change venue from the Bronx to the agreed upon Nassau County […]
Plaintiff brought a malpractice claim against a major Manhattan Research Hospital as well as two physicians. The claims were that the COVID-19 vaccine was contraindicated due to preexisting conditions, and resulted in significant and life threatening complications. Dylan Braverman moved to dismiss based on the federal PREP Act which holds medical providers immune when claims […]
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 […]