Through close collaboration, Dan connects with clients to identify and fully understand their concerns and to develop a customized strategy. A majority of Dan’s work in the past 20 years has involved medical malpractice litigation in a range of medical specialties including: bariatric surgery, vascular surgery, orthopedic surgery, interventional radiology, spine surgery, cardiology, neonatology, urology, general surgery, gastroenterology, and critical care medicine. He has successfully tried many of these cases to verdict. He also has represented physicians in administrative proceedings involving alleged professional misconduct.
His commercial practice includes a wide variety of matters. In tax certiorari litigation, he has tried cases to verdict and negotiated settlements with local municipalities, resulting in significant tax refunds and the reduction of future tax liabilities for his clients. He has represented corporate clients in matters involving breach of contract claims, employee covenant/non-compete issues, and employment discrimination allegations. He also has experience with toxic tort litigation and the representation of nursing homes and medical device manufacturers. Dan frequently represents clients in mediations and arbitrations.
Dan has been with the firm since its founding and was elected a partner in 2001. When not working, he enjoys traveling with his family and golfing.
- Matter of Techinplex Associates, L.P. v. Town and Village of East Rochester
We represented the owner of a large commercial property that was saddled with a very high assessed value, resulting in a significant property tax burden. Working with our client and a licensed commercial real estate appraiser, we challenged the assessment, tried the case to verdict and obtained a judgment reducing the assessment by over 30%. That decision, which was affirmed on appeal, resulted in significant tax refunds for the client, as well as savings on future tax bills.
- Dengler v. Posnick
In this case, we represented Highland Hospital in a medical malpractice action. The matter related to surgery performed by a physician at Highland Hospital, with surgical personnel employed by the Hospital. Because the surgeon was not employed by Highland, however, we moved for summary judgment arguing that Highland Hospital could not be held liable for his conduct. Plaintiff opposed the motion, arguing that hospital employees had concurrent control of the surgical instruments at issue and further arguing that the hospital spoliated evidence. We obtained an order granting summary judgment – a decision subsequently affirmed on appeal. The claims against Highland Hospital were dismissed.
- Gilbert v. Okawara
We represented a surgeon in a medical malpractice action related to the performance of spine surgery. Plaintiff filed a complaint in a venue known for large personal injury verdicts and alleged the surgeon was negligent in performing the surgery. We successfully obtained an Order changing venue to a more favorable jurisdiction. Subsequently, we moved for summary judgment on statute of limitations grounds and successfully defeated plaintiff’s attempt to invoke the “continuous treatment” doctrine. The case was dismissed and the Order of Dismissal was upheld by the Appellate Division, Fourth Department.
- University of Minnesota Law School, J.D., 1993
- John Carroll University, B.A., cum laude, 1990
Admissions to Practice
- New York
- U.S. Court of Appeals, Second Circuit
- U.S. District Courts of New York (Western, Northern)
Presentations & PUBLICATIONS
- American Board of Trial Advocates
– Secretary, Rochester Chapter
- Selected to The Best Lawyers in America©
– Medical Malpractice Law - Defendants
– Personal Injury Litigation - Defendants