Ho v Sapphire Ctr. for Rehabilitation & Nursing of Cent. Queens, LLC

Summary

The Appellate Division, Second Department reversed an order dismissing an amended complaint arising from the COVID-19 death of a nursing-home resident. The court held that the defendants’ evidentiary submissions did not conclusively establish entitlement to immunity under the Emergency or Disaster Treatment Protection Act, although the Act’s repeal was not retroactive. The court also held that the amended complaint adequately alleged gross negligence and denied the defendants’ CPLR 3211(a)(7) motion.

Holdings

1. The repeal of the EDTPA did not apply retroactively to conduct occurring while the statute was in effect.
2. Defendants' evidentiary submissions did not conclusively establish that all three statutory requirements for EDTPA immunity were satisfied, so they did not establish that plaintiffs had no causes of action.
3. The amended complaint adequately alleged conduct constituting gross negligence.

Questions Presented

1. Whether the repeal of the Emergency or Disaster Treatment Protection Act applied retroactively to alleged conduct occurring while the Act was in effect.
2. Whether defendants conclusively established on a CPLR 3211(a)(7) motion that they satisfied all requirements for EDTPA immunity.
3. Whether the amended complaint adequately alleged conduct constituting gross negligence.

Disposition

reversed