Joseph Furlong and Dylan Braverman secured a pre-answer dismissal of a 65-page Complaint alleging longstanding infection control lapses, statutory violations, malpractice, negligence, and wrongful death. The plaintiff claimed that infection control failures caused widespread exposure to COVID-19 at a Brooklyn medical facility, resulting in a patient’s death.  Relying on the federal Public Readiness and Emergency […]

On August 13, 2025, the Appellate Division, Second Department, issued a critical decision in favor of a New York City nursing home that will have lasting implications for litigation arising from the early months of the COVID-19 pandemic.  In a case involving infection control claims, Megan Lawless successfully obtained reversal and dismissal of the complaint […]

BPN secured a mid-discovery dismissal of all malpractice claims brought against a leading New York hospital. After identifying a statutory defense during discovery, Angela Bonica and Dylan Braverman moved to dismiss on the pleadings. Despite plaintiff’s vigorous opposition supported by expert opinion, BPN successfully advanced reply briefings and oral argument by Mr. Braverman, after which […]

Christian McCarthy and Kiki Chrisomallides successfully obtained a dismissal of claims, with prejudice, as to their client following a motion for summary judgment and to dismiss under the under the COVID-19 immunities afforded by the EDTPA and Prep Act in a case involving allegations of negligence in the failure to prevent and treat pressure ulcers […]