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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
CourtAppellate Division, Second Department
DecidedSeptember 16, 2026
Citation2026 NY Slip Op 05284
Area of lawPersonal Injury and Negligence · Medical Malpractice
WeekWeek ending September 19, 2026
Official textOfficial decision: 2026 NY Slip Op 05284
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id488

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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Published September 16, 2026. Updated September 16, 2026.