Appellate Division, Second Department · September 16, 2026 · 2026 NY Slip Op 05284
Ford v Montclair Care Ctr., Inc.
Read the official decision: 2026 NY Slip Op 05284
Holding The Appellate Division reversed the lower court’s denial of a motion to dismiss, granting the defendants’ motion under CPLR 3211(a). The court held that the defendants were immune from liability under the Emergency or Disaster Treatment Protection Act because they provided health care services in good faith in response to the COVID-19 outbreak.
The court’s words
the defendants' motion pursuant to CPLR 3211(a) to dismiss the complaint is granted
2026 NY Slip Op 05284, at the official text
conclusively established that Emerge was providing health care services pursuant to a COVID-19 emergency rule
2026 NY Slip Op 05284, at the official text
insufficient to support a claim of willful or intentional criminal misconduct
2026 NY Slip Op 05284, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 16, 2026 |
| Citation | 2026 NY Slip Op 05284 |
| Area of law | Personal Injury and Negligence · Medical Malpractice |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05284 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 488 |
Recommended citation
ESQ HQ, New York Law Watch, Ford v Montclair Care Ctr., Inc., 2026 NY Slip Op 05284 (Appellate Division, Second Department, September 16, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05284/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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