Estate of Vivien Boninti, etc., appellant, v South Shore Rehabilitation, LLC, etc., respondent, et al., defendants.

Holding The Appellate Division reversed the lower court’s dismissal of the plaintiff’s claims, holding that the defendant failed to conclusively establish that the conditions for immunity under the Emergency or Disaster Treatment Protection Act were satisfied. The court determined that the defendant’s submissions, which lacked evidence regarding the specific treatment of the decedent, were insufficient to warrant dismissal on the law.

The court’s words

the defendant's submissions, which included no evidence regarding the treatment of the decedent, failed to conclusively establish that the conditions for immunity under the EDTPA were satisfied

2026 NY Slip Op 05281, at the official text

On a motion made pursuant to CPLR 3211(a)(7), the burden never shifts to the nonmoving party to rebut a defense asserted by the moving party

2026 NY Slip Op 05281, at the official text