In this wrongful death action stemming from the decedent’s contraction of COVID-19, the Appellate Division, Second Department, in accordance with Horn Appellate Group’s arguments on appeal, vacated the dismissal of Plaintiff’s complaint and provided a full reinstatement, finding that defendants’ evidentiary submissions failed to establish conclusively that the three requirements for immunity under the EDTPA were met and, furthermore, that the amended complaint adequately set forth conduct constituting gross negligence.
Lee v. Sapphire Center for Rehabilitation and Nursing of Central Queens