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 overcrowding at area hospitals and provided medical care for patients during a period of unprecedented public health need. Plaintiff alleged multiple causes of action based on alleged infection control failures, statutory violations, and medical malpractice. However, the BPN team conclusively established that the statutory criteria necessary to trigger immunity under the EDTPA were satisfied, resulting in dismissal of the complaint in its entirety.