The COVID-19 Team is thrilled that it obtained dismissal of COVID-19 wrongful death, gross negligence malpractice and statutory violation claims brought against one of the largest nursing homes in the state of New York. Plaintiff claimed that infection control failures allowed a patient to be exposed to and die of COVID-19. Brian Andrews and Dylan Braverman filed a pre-answer motion to dismiss supported by affidavits from the Medical Director and the Attending Physician establishing that the care was impacted by the COVID-19 pandemic, the desire to prevent transmission of COVID-19 and the goal of immediately starting treatment of any COVID-19 patients. The court rejected the claim that the EDTPA immunity was retroactively repealed and found that the claims did not rise to the level of gross negligence. As a result, the Supreme Court, Queens County dismissed the claim.