DISMISSAL WITH PREJUDICE OF MULTIPLE CLAIMS ACTION

In August 2026, Kevin Natale obtained dismissal of an action with prejudice.  This Kings County case involved claims of medical malpractice, hospital and nursing home neglect/abuse, assault and battery, wrongful death, and negligent infliction of emotional distress, along with a request for injunctive relief.  The claims were brought by the plaintiff on behalf of his deceased mother relative to hospital and nursing home care, and separately by the plaintiff in his individual capacity for personal injuries he allegedly sustained.  The court dismissed the action in its entirety, with prejudice, for lack of capacity to sue for personal injuries and wrongful death allegedly sustained by the plaintiff’s mother and such claims being barred in any event by the applicable statutes of limitation; the plaintiff’s own claims for assault and battery being barred by the statute of limitations; and the plaintiff’s individual claims for negligent infliction of emotional distress as being derivative in nature, not properly/sufficiently pleaded, and being barred in any event by the statute of limitations.  The court also found no basis for any of the plaintiff’s claims for injunctive relief.

Kevin Natale