Greenberg v. Visiting Nurse Services in Westchester

Background

The judgment states that the court had granted the defendants’ motion for the reasons given in an Opinion and Order dated September 16, 2025. The provided judgment does not identify the motion’s specific legal grounds, the claims asserted, or the deficiencies discussed in the earlier Opinion and Order.

Request to Amend

Greenberg asked the court for permission to file a Second Amended Complaint if the defendants’ motion was granted. Federal Rule of Civil Procedure 15(a)(2) generally allows amendment when justice requires it, but the court explained that leave may be denied after repeated failure to correct deficiencies or when amendment would be futile. The court noted that Greenberg had already amended her complaint and had not otherwise identified facts that would cure the deficiencies raised by the defendants and discussed by the court.

Ruling

The court stated that this was the second explicit adjudication of Greenberg’s claims on the merits. It therefore dismissed the Amended Complaint with prejudice and stated that the case was closed. A dismissal with prejudice bars refiling the dismissed claims. The judgment was entered on September 17, 2025, and identifies Kenneth Karas as the judge.