Michael E. Gallay (Partner-White Plains, NY) and Christopher W. Hofmann (Associate-White Plains, NY) successfully moved in Dutchess County Supreme Court for summary judgment on behalf of our nursing home client on the basis of immunity under the Emergency Disaster Treatment Protection Act (EDTPA). The plaintiff’s primary claim was that the facility failed to prevent multiple falls resulting in hip fractures requiring surgical reduction. However, the patient’s admission from March through July 2020, during the height of the pandemic, was significant for ongoing and worsening behavioral issues, and records clearly documented that the fractures resulted from multiple incidents during which she threw herself off her bed onto the floor despite multiple preventative measures. In addition to a strong defense to the underlying claims, Michael and Christopher successfully contended that EDTPA immunity applied given the time frame and absence of any viable claim for gross negligence. The Supreme Court agreed that the EDTPA was applicable, that our client made a sufficient showing of entitlement to immunity, and that plaintiff failed to raise a triable issue of fact as to whether immunity should attach. Notably, the Court found that plaintiff’s expert was conclusory since it failed to addressed the specific allegations of the Director of Nursing as to how the COVID-19 pandemic affected our client’s operations and the various aspects of the decedent’s care throughout her admission, including, in particular, the facility’s ability to implement enhanced observation, including 1:1 observation, and their ability to transfer the decedent to another facility for a higher level of care.