The wrongful death lawsuit against Andrew Cuomo over state directive forcing nursing homes to accept COVID-19 patients was dismissed by a judge on Monday – the former governor’s camp claimed That “justice has prevailed.”
Judge LaShawn DeArcy Hall of the Eastern District of New York granted a motion to dismiss the lawsuit brought against Cuomo and other top aides. 2022 by one man Whose father contracted the fatal disease and died in a Brooklyn nursing home.
Daniel Arbeny of Brooklyn argued in the lawsuit that his father’s death was caused by a 2020 state health department order requiring nursing homes to accept COVID-19 patients.
Loved ones of other people who have died in nursing homes during the pandemic have also joined the lawsuit, making the same allegations.
But the judge sided with Cuomo’s lawyers after they filed a motion to dismiss earlier this year.
Cuomo spokesman Rich Azzopardi said in a statement, “During the last four years, the debate over COVID in nursing homes has been weaponized, distorted, and distorted beyond recognition by those using this situation for their own politics ”
“However, whenever it goes out of the political arena, the truth wins. The judge ruled today to dismiss the case, just as the DOJ — which had launched three separate investigations — and the Manhattan District Attorney had done previously.
“Once again, justice has prevailed.”
It was not immediately clear whether the dismissal was motivated by bias, which would mean the plaintiffs could not refile the suit.
Cuomo’s legal victory comes amid speculation that the scandal-plagued Democrat could be launching a political comeback following the bombshell indictment filed against Mayor Eric Adams last week.
Cuomo, who resigned in 2021 as sexual harassment allegations mounted, has informed city power-brokers that he will run for the mayor’s seat if Adams is forced to oust him. Sources told The Post Over the weekend. It is less clear whether Adams will run in next year’s Democratic primary if he remains.
Earlier a new report of Congress was released Cuomo’s month changed A state review underreported the number of COVID-19 deaths at nursing homes, according to emails that contradicted claims he had nothing to do with over the summer.
He has long been criticized for the state’s actions, which have been blamed for potentially causing the deaths of more than 9,000 people. But their representatives have claimed that asymptomatic employees suffering from COVID-19 have spread the disease in the facilities.
Arbeni, the plaintiff in the case, told The Post he was disappointed by the judge’s decision, but vowed to appeal.
“We’re going to win – it’s just going to take a little longer,” Arbini said. “We are not going to give up – 15,000 people died. They forced COVID patients into nursing homes when they had other options.
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