De La Rosa v. Isabella Geriatric Ctr., Inc.

Summary

The Appellate Division, First Department, unanimously affirmed an order denying a nursing home's motion to dismiss claims arising from a resident's COVID-19 death. The court held that the defendant established some conditions for immunity under the former Emergency or Disaster Treatment Protection Act but that issues of fact remained concerning gross negligence, compliance with COVID-19 protocols, and whether services were provided in good faith.

Holdings

1. Defendant was not entitled to dismissal based on immunity because it failed to establish as a matter of law that all conditions for immunity under former Public Health Law § 3082(1) were satisfied.
2. Dismissal was improper because issues of fact existed concerning plaintiff's gross-negligence claim and whether defendant provided the decedent health care services in good faith.

Questions Presented

1. Whether defendant established as a matter of law that it was immune from liability under former Public Health Law § 3082(1), the Emergency or Disaster Treatment Protection Act.
2. Whether factual issues remained regarding whether defendant provided the decedent health care services in good faith and whether defendant was grossly negligent, precluding dismissal under CPLR 3211(a)(7).

Disposition

affirmed