Rodriguez-Williams v John E. Andrus Mem., Inc.

Holding The court affirmed the dismissal of the complaint, finding that the nursing home was entitled to immunity under the Emergency or Disaster Treatment Protection Act (EDTPA) because the statutory requirements were met. The court further held that the plaintiff’s allegations of gross negligence and pre-pandemic negligence were insufficient to survive a motion to dismiss as they were bare legal conclusions.

The court’s words

the defendant's submissions in support of its motion, including, inter alia, the affidavit of its nursing home administrator in 2020 and the decedent's medical records, conclusively established that the defendant was entitled to immunity

2026 NY Slip Op 05821, at the official text

the allegations were no more than bare legal conclusions with no factual specificity, which were insufficient to survive a motion to dismiss

2026 NY Slip Op 05821, at the official text

the plaintiff's allegations of negligence by the defendant prior to the COVID-19 pandemic were bare legal conclusions with no factual specificity

2026 NY Slip Op 05821, at the official text