The COVID-19 team has obtained dismissal of a third COVID-19 action brought against a major New York City facility. This COVID-19 team obtained pre-answer dismissal of extensive COVID-19, malpractice, Public Health Law and Gross Negligence claims asserted in a 55-page Complaint against the New York City facility. Plaintiff sought significant publicity and submitted sworn testimony from a sitting New York State Legislator in support of this claim. On October 10, 2023, Dylan Braverman engaged in spirited oral argument against a motivated and well-prepared New York City plaintiff’s counsel. Hours later, the Court agreed with the COVID-19 teams’ argument that these claims are subject to the EDTPA COVID-19 immunity which was passed in response to the unprecedented and catastrophic COVID-19 surge that swept through New York in early 2020.
