Smithtown, New York
866-851-1123 (Toll Free)
Dave has over twenty years of extensive trial and litigation experience in State Supreme Court and Federal District Court. Dave's experience includes defending complex litigation cases with catastrophic exposure including wrongful death, quadriplegia and infant brain damage and birth defects. His experience includes trial and litigation in medical, hospital, dental and nursing home malpractice, school and municipal law, product liability, labor law, construction, automobile and premises liability, insurance coverage issues, uninsured, underinsurance and no-fault arbitrations, municipal employee liability, Dram Shop Act, and general liability cases.
Cases of particular interest include Pelinsky v. Nassau University Medical Center wherein a 17 year old nationally ranked ice skater was rendered a paraplegic due to alleged malpractice of a cardiothoracic surgeon in performing a cross clamping aorta procedure. In Yachnin v. Levine, 257 A.D.2d 571, Dave successfully defended a group of physicians sued by a Supreme Court Judge who claimed negligent treatment leading to undiagnosed prostate cancer. The case was successfully defended on appeal. He has also successfully defended physicians sued in brain damaged infants and failure to diagnose breast cancer cases.
Of note, Dave successfully defended a complex labor law/products liability action which was affirmed by the New York State Appellate Division involving a construction worker who allegedly used a toxic cancer-causing product resulting in over 100 hospitalizations. Harrell v. Koppers Co., Inc. v. LILCO, 217 A.D.2d 604.
In Roias v. Kang, U.S.D.C, Eastern District, Dave obtained a defense verdict in a case involving a significantly injured construction worker which was affirmed by the United States Circuit Court (2d Circuit). In Nelson v. Elston Auto, Dave obtained a defense verdict in a complex automobile products liability case where plaintiff sustained catastrophic injuries including loss of his left arm. He has successfully tried numerous cases involving municipalities and school districts.
During his career, Dave has also litigated hundreds of motions and appeals in the Courts throughout New York State, and the New York State and Federal Appeals Courts.
Dave, his wife and children enjoy their free time to travel in the United States and Europe to visit family.
- Bar Admissions:
- New Jersey, 1985
- New York, 1985
- U.S. District Court Eastern District of New York, 1987
- U.S. District Court Southern District of New York, 1987
- St John's University, School of Law, , , ,
- St. John's University, Jamaica, New York,
Honors: Summa Cum Laude
- Professional Associations and Memberships:
- New York State Bar Association, 1985 - Present
- Nassau/Suffolk Trial Lawyers, 1985 - Present
- Past Employment Positions:
- Law Office of Charles X. Connick, Partner, 1995 - 2004
- Kelly, Rode and Kelly, Associate, 1986 - 1995