Overview
Dan is a property damage and construction defect litigation specialist. He has extensive experience defending myriad forms of high-exposure property damage matters in New York state and federal courts, and he has also defended cases in many other states on a pro hac vice basis.
Dan’s attention is always focused on addressing client needs and exceeding expectations. He is particularly adept at handling complex, multi-party actions and developing out-of-the-box solutions to bring matters towards final resolution with alacrity. Assertively pursuing loss transfer by enforcing contractual obligations is always a priority. Dan frequently works collaboratively with a broad spectrum of subject matter experts.
Dan leads a dedicated property damage and construction defect practice group at WSHB, which provides firm clients and insurance carriers with specialized, results-oriented, litigation defense representation in matters involving:
- Building, structural, and retaining wall failures
- Construction defect
- Adjacent construction projects and large-scale developments
- Fires and explosions
- Environmental, mold, and discharge of contaminants (e.g. Navigation Law)
- Water intrusion and flooding
- Building system, mechanical, HVAC, and fire suppression system failures
- Claims arising out of breaches or violations of condominium or cooperative governing documents (e.g. By-laws, Proprietary Leases, etc.)
- Preparation and negotiation of adjacent property license and access agreements
In connection with the foregoing, Dan’s clients include:
- Leading real estate developers and property owners
- General contractors and subcontractors
- Mechanical trades
- Architects and engineers
- Condominium and Cooperative boards, unit owners, and managing agents
Dan lives in Manhattan and actively serves on his condominium board of directors. He is an avid sports fan and a New York Rangers season ticket holder. Dan has a deep appreciation for music and often attends live shows. When he is not vigorously defending his clients, Dan can usually be found hiking in the Green Mountains of Vermont with his Tibetan terrier.
Experience
- Developed innovative and ultimately dispositive defense as lead counsel for Team Industrial Services, Inc., one of three defendants, in the $150 million mass tort litigation arising out of the 2007 steam pipe explosion at 41st St. and Lexington Ave., Index No.: 768000/2008E.
- Successfully defended leading real estate development firms including The Related Companies, LP, Lendlease, Extell Development Company, Tishman Speyer, LP., and L&M; Development Partners in myriad, high-exposure matters.
- Extensive experience litigating matters on behalf of and/or against municipal agencies and utilities.
- Enforced contractual limitation of liability provision to reduce $96 million claim to $3 million resulting in favorable outcome in massive boiler explosion case. Astoria Generating Co. v. Riley Power et al., Index No.: 702521/2014.
- Secured expert preclusion, dismissal of most claims, and favorable outcome in defense of alleged misappropriation of images / right of publicity case brought on behalf of 50 international models. Edmondson et al. v. RCI Hospitality et al., SDNY Case No.: 16-cv-02242.
- Secured summary judgment and full dismissal of subrogation lawsuit involving property damage and project delays allegedly caused by adjacent construction activities. QBE Northern v. Tishman Speyer et al., Index No.: 150402/2018.
- Secured summary judgment and full dismissal of lawsuit involving CVA revival claims asserted against a summer camp. M.E. v. Camp Summit et al., Index No.: 90047/2019.
Credentials
Education
- University of Miami School of Law (J.D., 1995)
- State University of New York at Albany (B.A., 1992)
Licensed to Practice in
- New York
- Florida (inactive)
- U.S. District Court, Southern District of New York
- U.S. District Court, Eastern District of New York
