A wrongful death lawsuit against Andrew Cuomo over a state directive that forced nursing homes to accept COVID-19 patients was tossed by a judge Monday – with the ex-governor’s camp claiming “justice has prevailed.”
Eastern District of New York Judge LaShann DeArcy Hall granted a motion to dismiss the suit that was brought against Cuomo and other top aides in 2022 by a man whose father contracted the deadly disease in a Brooklyn nursing home and died.
Daniel Arbeeny, of Brooklyn, argued in the suit that his father’s death was caused by a 2020 state health department order that required nursing homes to admit COVID-19 patients.
Loved ones of others who died in nursing homes during the pandemic also joined the lawsuit, alleging the same thing.
But the judge sided with Cuomo’s lawyers after they filed a motion to dismiss earlier this year.
“During the last four years, the debate over COVID in nursing homes has been weaponized, distorted and contorted beyond recognition by those using this situation for their own politics,” Cuomo spokesperson Rich Azzopardi said in a statement.
“However, anytime this gets taken out of the political arena, the truth wins. The judge today ruled to dismiss this case just as the DOJ – which launched three separate probes – and the Manhattan district attorney did previously.
“Once again, justice has prevailed.”
It was not immediately clear if the dismissal was with prejudice, which would mean the plaintiffs could not refile the lawsuit.
Cuomo’s legal win comes amid ramped-up speculation that the scandal-scarred Democrat may launch a political comeback following the bombshell indictment that was leveled against Mayor Eric Adams last week.
Cuomo, who resigned in 2021 as allegations of sexual harassment grew, has informed city power-brokers that he will run for the mayoral seat if Adams is forced from office, sources told The Post over the weekend. It’s less clear if he would run in next year’s Democratic primary if Adams sticks around.
A new congressional report released earlier this month states Cuomo altered a state review that low balled the nursing home COVID-19 death count, according to emails that contradict his claims over the summer he had nothing to do with it.
He’s long been criticized for the state action that has been blamed for causing potentially as many as 9,000 excess deaths. But his reps have claimed asymptotic staff stricken with COVID-19 spread the disease in the facilities.
Arbeeny, the plaintiff in the case, told The Post he was disappointed with the judge’s ruling, but vowed to appeal.
“We’re going to win — it’s just going to take a little longer,” Arbeeny said. “We’re not going to give up — 15,000 people died. He forced COVID patients into nursing homes when they had other options.”
