Lori Semlies (Partner-White Plains, NY) and Kristyna Burkova (Associate-New York, NY) were successful on a motion to dismiss the complaint on behalf of our clients, a hospital and physician, based on COVID-19 immunity grounds, specifically on EDTPA and PREP Act immunities. Lori and Kristyna moved to dismiss at the close of discovery after more than three years of litigation. The 71-year-old plaintiff was transferred to our client hospital with a COVID-19 diagnosis, strep mitis bacteremia, spinal osteomyelitis at C2-C3 and L3-L4, multi-focal pneumonia, and pulmonary edema. Upon admission, he received all indicated care, and when he was stable enough, he was transferred to Mount Sinai Hospital for evaluation for an aortic valve replacement. His  injuries healed completely within three months of discharge. When the plaintiff filed suit, Lori and Kristyna submitted a geriatric expert affirmation in support, as well as expert affirmation of a board-certified pulmonary and critical care physician, who was a director of the medical ICU during the pandemic and who detailed the impact of the pandemic on the care at the time of plaintiff’s admission. Before filing his opposition, plaintiff cross-moved to amend the pleadings to add a gross negligence cause of action in an obvious attempt to circumvent the immunities. The Court granted our motion pursuant to the immunities afforded by the EDTPA and PREP Act and denied plaintiff’s cross-motion for leave to amend the complaint for failure to present a meritorious cause of action. In the decision, following its prior decisions in Kalogiannis and Gerber, the court noted that plaintiff’s claims fall squarely within the immunity.