Tarantino v. Bethel Springvale Nursing Home, Inc
- Cathy Seibel
- 7:22-cv-07152
- U.S. District Court · Southern District of New York
- 3
In Tarantino v. Bethel Springvale, Judge Seibel granted remand and denied dismissal without prejudice because the federal court lacked jurisdiction.
The ruling affected Rocco Tarantino as administrator of the estate and Bethel Springvale Nursing Home, Inc. The case was returned to New York state court, and the dismissal motion was denied without prejudice rather than decided on its merits.
What happened
In Tarantino v. Bethel Springvale Nursing Home, Inc., Rocco Tarantino sued on behalf of his father’s estate over alleged failures to respond to COVID-19 symptoms and prevent infection at the nursing home. He brought claims under New York law for violation of a public-health statute, wrongful death, and gross negligence.
Bethel Springvale removed the case from New York state court to federal court. Tarantino asked to send it back, and Bethel Springvale asked the federal court to dismiss the claims for failure to state a claim. The court followed its reasoning in a related case and the Second Circuit’s decisions, concluding that it should remand the case and did not need to decide the dismissal motion.
Judge Cathy Seibel granted Tarantino’s motion to remand and denied Bethel Springvale’s dismissal motion without prejudice. The court directed the Clerk to return the case to the New York Supreme Court for Westchester County.
The detailed version
- Tarantino v. Bethel Springvale Nursing Home, Inc · No. 7:22-cv-07152
- Cathy Seibel
- Apr. 4, 2023
Background
Rocco Tarantino brought the action as administrator of the estate of Carmine Antonio Tarantino against Bethel Springvale Nursing Home, Inc., doing business as Bethel Nursing & Rehabilitation Center. The action began in the New York State Supreme Court for Westchester County.
Tarantino alleged that, while the decedent was living at Bethel Springvale’s facility, the facility failed to timely and properly recognize and respond to signs and symptoms of COVID-19 infection, including fever, hypertension, rapid breathing, and low oxygen levels. He also alleged that the facility failed to provide proper infection-prevention and control procedures, resulting in the decedent’s death. The complaint asserted claims under New York Public Health Law § 2801-d, for wrongful death, and for gross negligence.
Motions and Analysis
Bethel Springvale removed the action to federal court on August 22, 2022. Tarantino then moved to remand, meaning to return the case to state court. Bethel Springvale filed a cross-motion to dismiss for failure to state a claim.
The court stated that Tarantino’s remand arguments were substantively identical to those addressed in Torres v. St. Vincent DePaul Residence. Relying on the reasons given in that case and on the Second Circuit’s holdings in Solomon v. St. Joseph Hospital, the court granted the motion to remand. The opinion states that, because the court lacked subject-matter jurisdiction—the authority to hear the case—it did not need to reach the merits of Bethel Springvale’s motion to dismiss.
Disposition
The court granted Tarantino’s motion to remand and denied without prejudice Bethel Springvale’s cross-motion to dismiss. The court also directed the Clerk of Court to terminate the pending motions and remand the case to the Supreme Court of the State of New York, Westchester County. The opinion does not decide whether the complaint states a valid claim.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.