Gordon Rees Scully Mansukhani New York Partner Marci Mitkoff obtained a dismissal of claims alleging medical malpractice and wrongful death due to COVID-19 on behalf of the firm’s client, an assisted living facility.
In the originating case, the plaintiff, the proposed administrator of the decedent’s estate, initiated claims against the defendant, an assisted living facility, prior to the retention of GRSM. They sought a default judgment against the defendant, who had failed to respond to the allegations. Instead of granting that motion, the judge dismissed that action, finding that no jurisdiction had been obtained over the defendant.
The plaintiff’s counsel thereafter commenced another action against the defendant, relying upon a New York statute which allows a new action to be commenced within six months of a dismissal under certain circumstances. The defendant subsequently retained GRSM, which successfully secured a complete dismissal of the action. GRSM argued that the plaintiff was ineligible for the six-month extension, rendering the action untimely as the statute of limitations had expired.
The successful dismissal of the claims underscores the experience of GRSM’s Long-Term Care practice in navigating complex legal challenges faced by assisted living facilities.