Delivering her summary judgment, Justice Cockerill said the gowns failed to comply with a "validated sterilisation process", as explicitly required under the contract. While PPE Medpro had accepted this requirement during contractual negotiations, the gowns it supplied lacked the appropriate Notified Body numbers mandated under EU legislation for Class I sterile medical devices. "PPE Medpro breached the contract," the judge concluded, citing the absence of sufficient sterilisation certification and technical compliance.
"As alleged, Linda Sun not only acted as an unregistered agent of the government of the People's Republic of China, but also enriched herself to the tune of millions of dollars when New York State was at its most vulnerable at the start of the COVID-19 pandemic."