A wrongful death lawsuit against Andrew Cuomo over state directives that forced nursing homes to admit coronavirus patients was rejected by a judge on Monday, with the former governor's campaign claiming that “justice has prevailed.”
Judge Rashan Deacy Hall of the Eastern District of New York moved to dismiss a lawsuit filed in 2022 against Mr. Cuomo and other aides by a man whose father contracted a deadly disease and died in a Brooklyn nursing home. admitted.
Brooklyn resident Daniel Arbeney claims in his 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 families who died in nursing homes during the pandemic also joined the lawsuit, alleging the same thing.
But a judge sided with Cuomo's lawyers after they filed a motion to dismiss earlier this year.
“For the past four years, the conversation surrounding the coronavirus in nursing homes has been unrecognizably weaponized and distorted by those who exploit this situation for their own politics,” Cuomo press secretary Rich Azzopardi said in a statement. , it has been distorted.”
“But whenever this is taken out of the political arena, the truth wins.” The judge said today, as the Justice Department and Manhattan District Attorney, who have launched three separate investigations, previously ruled. The court issued a judgment dismissing the lawsuit.
“Once again, justice has prevailed.”
It was not immediately clear whether the dismissal was with prejudice, which means the plaintiffs cannot sue again.
Mr. Cuomo's legal victory comes amid mounting speculation that the scandal-scarred Democratic Party could embark on a political resurgence following last week's shocking indictment against Mayor Eric Adams.
Mr. Cuomo, who resigned in 2021 amid mounting sexual harassment allegations, told the city's power brokers that he would run for mayor if Mr. Adams was forced from office, sources told the Post over the weekend. It is less clear whether Adams will run in next year's Democratic primary if he remains.
A new congressional report released earlier this month says Cuomo changed a state review that understated the number of COVID-19 deaths in nursing homes. Emails contradicting the claims say Cuomo had nothing to do with it.
He has long been criticized for the state's actions, which are said to have caused potentially as many as 9,000 excess deaths. But his representatives argued that an asymptotic staff member who contracted COVID-19 spread the disease within the facility.
Arbini, a plaintiff in the case, told the Post she was disappointed with the judge's ruling but vowed to appeal.
“We're going to win. It just takes a little bit of time,” Arbiny said. “We will not give up – 15,000 people have died. He forced coronavirus patients into nursing homes when there were other options.”
