Brian Andrews and Dylan Braverman prevailed on their pre-answer motion to dismiss, seeking to enforce the EDTPA COVID-19 immunity against claims of wrongful death, malpractice and statutory violations brought against one of the largest long term care facilities in the state. Plaintiff claimed that the patient was exposed to and then died of COVID-19 during the initial surge of COVID-19 when New York was the epicenter of the pandemic. The court ruled that Dylan and Brian proved that the patient’s care was impacted by the COVID-19 pandemic, the desire to stop the spread of the virus and efforts to rapidly identify and treat any COVID-19 positive patient. As a result, the court dismissed all claims based on the EDTPA immunity.