Summary
The Appellate Division, Second Department, reversed an order dismissing the plaintiff's amended complaint under CPLR 3211(a)(7) in an action arising from the COVID-19 death of a nursing-home resident. The court held that the defendants had not conclusively established entitlement to immunity under the Emergency or Disaster Treatment Protection Act and that the amended complaint adequately alleged gross negligence.
Court
Supreme Court of the State of New York, Appellate Division, Second Judicial Department
Jurisdiction
New York Supreme Court, Appellate Division, Second Department
Decision date
November 26, 2025
Docket number
2023-09764
Disposition
reversed
Questions Presented
- Whether repeal of the Emergency or Disaster Treatment Protection Act applied retroactively to conduct occurring before the repeal.
- Whether defendants' evidentiary submissions conclusively established all requirements for immunity under the EDTPA on a CPLR 3211(a)(7) motion.
- Whether the amended complaint adequately alleged conduct constituting gross negligence notwithstanding the EDTPA's immunity provisions.
Holdings
- The repeal of the EDTPA did not apply retroactively to the defendants' treatment of the decedent.
- Defendants' evidentiary submissions did not conclusively establish that all three EDTPA immunity requirements were satisfied, and therefore did not establish that plaintiff had no cause of action.
- The amended complaint adequately alleged conduct constituting gross negligence.
Court Document
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