Bindu Nair

December 08, 2022 | New York Law Journal

On Oct. 7, 2022, in what has become a hotly contested decision, the Appellate Division, Fourth Department concluded that the statute repealing New York's Emergency or Disaster Treatment Protection Act is to be given prospective application and not retroactive application. The author writes that the decision "will significantly impact those COVID-19 litigation claims being brought against nursing homes recently in the Empire State by plaintiffs arguing that the repeal of EDTPA was meant to be retroactive."  

By Bindu Nair

6 minute read