Nursing home deaths lawsuit against Cuomo dismissed

NEW YORK -- A federal judge has dismissed a wrongful death lawsuit against former Gov. Andrew Cuomo for his handling of the COVID-19 pandemic.

Norman Arbeeny was an 89-year-old Korean War veteran living in a Brooklyn nursing home in March 2020.

"A man full of life and love," plaintiff Daniel Arbeeny said.

Soon after, then-Gov. Cuomo issued a directive on March 25, requiring nursing homes accept patients who tested positive for COVID. Norman Arbeeny tested positive, himself, and died. He was one of the 15,000 seniors who died from COVID in New York nursing homes .

"It's so easy to see the web of lies and deceit our governor went through for years to cover that up," Daniel Arbeeny said.

Daniel Arbeeny filed a federal wrongful death lawsuit against Cuomo two years ago. However, a judge dismissed the case on Monday. Her reason for doing so has not yet been released.

"We can't let this happen again to our most loved people, our grandparents and parents, in nursing homes. We can't and if we don't learn now, we're never gonna learn and it's gonna happen again," Daniel Arbeeny said.

Earlier in September, the former governor testified before Congress about his handling of the pandemic , following a House committee report that accuses Cuomo of intentionally underreporting the number of nursing home deaths.

"You are culpable for this. My question is when were you negotiating for your multi-million dollar advance for your book deal while seniors were dying in nursing homes?" Rep. Elise Stefanik said.

"You can't just make up facts, congresswoman," Cuomo replied.

In a statement Monday about the lawsuit's dismissal, Roch Azzopardi, a spokesman for Cuomo, said, in part, "The debate over COVID in nursing homes has been weaponized, distorted and contorted beyond recognition by those using this situation for their own politics. However, any time this gets taken out of the political arena, the truth wins."

Daniel Arbeeny is vowing to appeal.

"It's a hard case, but we're not afraid of it because we have the truth," he said.