An Erie County judge on Monday allowed a lawsuit filed by the estate of a woman who died in a nursing home in the early weeks of New York’s COVID-19 crisis to move ahead with its claims against the nursing home, rejecting the facility’s effort to invoke the COVID-19 immunity provisions granted and later repealed in New York.

Erie County Supreme Court Justice Jeannette Ogden noted that some of the causes of action alleged by the plaintiff, including gross negligence and willful or intentional infliction of harm, were never covered by the immunity law passed in March 2020 and repealed in 2021.