Byington v. North Sea Assoc., LLC

Summary

The Appellate Division, Second Department reversed an order denying a nursing home's motion to dismiss claims arising from a decedent's COVID-19 infection and death. The court held that repeal of the Emergency or Disaster Treatment Protection Act was not retroactive and that the defendant established immunity under the Act. The court also concluded that the allegations of gross negligence and pre-pandemic regulatory violations were insufficiently specific or were conclusively refuted by the defendant's submissions.

Holdings

1. The repeal of the Emergency or Disaster Treatment Protection Act did not apply retroactively.
2. The defendant was entitled to immunity under the EDTPA because the statutory requirements for immunity were satisfied and no statutory exception applied.
3. The allegations of gross negligence, reckless or intentional misconduct were conclusory and insufficient to survive the motion to dismiss.
4. The pre-pandemic negligence allegations were either bare legal conclusions lacking factual specificity or were conclusively defeated by the defendant's submissions.

Questions Presented

1. Whether repeal of the Emergency or Disaster Treatment Protection Act applied retroactively to eliminate the defendant's immunity for conduct occurring during the COVID-19 emergency.
2. Whether the defendant's submissions conclusively established immunity under the EDTPA.
3. Whether the complaint adequately pleaded gross negligence, reckless or intentional misconduct, and pre-pandemic negligence claims.

Disposition

reversed