Lawsuit towards Cuomo over state order requiring COVID sufferers into nursing properties tossed

A wrongful loss of life lawsuit towards Andrew Cuomo over a state directive that compelled nursing properties to just accept COVID-19 sufferers was tossed by a choose Monday – with the ex-governor’s camp claiming “justice has prevailed.”

Jap District of New York Decide LaShann DeArcy Corridor granted a movement to dismiss the swimsuit that was introduced towards Cuomo and different high aides in 2022 by a person whose father contracted the lethal illness in a Brooklyn nursing residence and died.

Daniel Arbeeny, of Brooklyn, argued within the swimsuit that his father’s loss of life was brought on by a 2020 state well being division order that required nursing properties to confess COVID-19 sufferers.

Family members of others who died in nursing properties in the course of the pandemic additionally joined the lawsuit, alleging the identical factor.

However the choose sided with Cuomo’s legal professionals after they filed a movement to dismiss earlier this 12 months.

“Over the last 4 years, the talk over COVID in nursing properties has been weaponized, distorted and contorted past recognition by these utilizing this example for their very own politics,” Cuomo spokesperson Wealthy Azzopardi stated in a press release.

“Nonetheless, anytime this will get taken out of the political area, the reality wins. The choose right now dominated to dismiss this case simply because the DOJ – which launched three separate probes – and the Manhattan district legal professional did beforehand.

“As soon as once more, justice has prevailed.”

It was not instantly clear if the dismissal was with prejudice, which might imply the plaintiffs couldn’t refile the lawsuit.

Cuomo’s authorized win comes amid ramped-up hypothesis that the scandal-scarred Democrat might launch a political comeback following the bombshell indictment that was leveled towards Mayor Eric Adams final week.  

Cuomo, who resigned in 2021 as allegations of sexual harassment grew, has knowledgeable metropolis power-brokers that he’ll run for the mayoral seat if Adams is compelled from workplace, sources informed The Put up over the weekend. It’s much less clear if he would run in subsequent 12 months’s Democratic major if Adams sticks round.

A brand new congressional report launched earlier this month states Cuomo altered a state evaluate that low balled the nursing residence COVID-19 loss of life rely, based on emails that contradict his claims over the summer time he had nothing to do with it.

He’s lengthy been criticized for the state motion that has been blamed for inflicting probably as many as 9,000 extra deaths. However his reps have claimed asymptotic employees stricken with COVID-19 unfold the illness within the amenities.  

Arbeeny, the plaintiff within the case, informed The Put up he was upset with the choose’s ruling, however vowed to enchantment.

 “We’re going to win — it’s simply going to take a bit longer,” Arbeeny stated. “We’re not going to surrender — 15,000 folks died. He compelled COVID sufferers into nursing properties once they had different choices.”