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 gross negligence claim and reinstated that cause of action, finding that the verified complaint contained sufficient allegation to support a finding of gross negligence by the nursing home. This marks the first time a New York State appellate court has permitted a gross negligence claim to proceed beyond a CPLR 3211(a)(7) motion in the Covid-19 nursing home context.
