Taryn Fitzgerald and Dylan Braverman obtained a pre-answer dismissal on the pleadings of all claims asserted against a Long Island health system, hospital, and nursing home arising out of care provided during the height of the COVID-19 surge. The Court found that the evidentiary submissions, including an affirmation from the attending physician, conclusively established good-faith […]
Plaintiffs commenced the action in Richmond County, alleging that a patient died after being exposed to COVID-19 in a nursing home in April 2020. Our office successfully obtained dismissal twice on the grounds that plaintiff lacked capacity to commence the action as a proposed administrator. Plaintiffs commenced the action a third time as co-administrators of […]
Tammy Trees secured a dismissal of the Complaint in a medical malpractice case venued in Kings County that involved claims of medical malpractice, negligence, lack of informed consent, and violation of Public Health Law § 2801-d. Plaintiff commenced this action to recover damages for injuries that included anoxic brain injury secondary to the patient’s self-decannulation […]
On December 9, 2025, Dawn Bristol and Alexandra Nieto secured summary judgment on behalf of a hospital in a premises-liability action arising from an alleged trip-and-fall on a sidewalk adjacent to the facility. The plaintiff claimed injuries caused by a defective sidewalk condition. BPN argued that the hospital could not be held liable because the […]
BPN represented a mediator/arbitrator who had been served with a subpoena for deposition and later sued for discrimination under various state statutes. Although the court initially denied a motion to dismiss the claims, Ms. Wiaderna filed a motion to reargue, demonstrating that the court had applied the incorrect legal standard. The court granted the motion […]
On June 25, 2025, Joseph P. Muscarella secured a unanimous defense verdict before the Honorable Francis Ricigliano in Nassau County Supreme Court. The plaintiff alleged that she tripped and fell in an interior hallway of an outpatient medical office of a local hospital due to an alleged dangerous condition in the hallway, claiming that the […]
On March 28, 2025, Gary W. Patterson, Jr., with the assistance of Daniel O’Connell, secured a defense verdict before Judge Paul Marx of the Supreme Court, Westchester County. The then 24-year-old plaintiff claimed the defendant oral surgeon failed to obtain an informed consent before performing wisdom tooth extraction, resulting in injury to the inferior alveolar […]
On March 14, 2025, Adam Covitt, assisted by Gonzalo Suarez, obtained a unanimous defense verdict before the Honorable Claudia Lanzetta in Queens County Supreme Court. The plaintiff alleged contraindicated removal of a congenital melanocytic nevus by our client, a plastic and reconstructive surgeon, resulting in significant scarring in an 8-year-old child. Through successful cross-examination of […]
On December 20, 2024, Edward J. Arevalo, assisted by Erisa Gjini, secured a unanimous defense verdict before the Honorable Stephen Hackeling in Suffolk County Supreme Court. In this medical malpractice action, plaintiff claimed that right eye cataract surgery performed in 2015 led to a decrease in visual acuity and blindness in the right eye. The […]
On December 10, 2024, Gary W. Patterson, Jr. secured a defense verdict before Judge Jane Weiner of the Hudson County Superior Court. The 27-year-old male plaintiff claimed the defendant emergency room physician failed to timely diagnose an acute ischemic limb, leading to amputation of his right leg above the knee. The plaintiff later suffered from […]