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David Weiser
About David
Biography
Lead Trial Counsel - Major Case Unit - for the Hanover Insurance Group (THG-NYSE);
Part Time- Wine Consultant - - Saturday's Only;
Practice Areas
6
Practice Areas
Construction and Development
60%
30 years | 600 cases
Defective and Dangerous Products
10%
30 years | 250 cases
Insurance
10%
26 years | 1,500 cases
Fees and Rates
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Chat withLicenses
Licensed in New York for 30 years
State: New York
Acquired: 1996
No misconduct found
Location
Weiser McCarthy
17 State Street - 8th Floor, New York, NEW YORK, NY, 10004-1543
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Dario Chinigo
Personal injury lawyer
Experience
Honors
2016
Nominated -John W. Wyckoff President's Service Award, Hanover Insurance Group
1994
American Jurisprudence Award, Lawyers' Cooperative Publishing
Work Experience
2002 - Present
Lead Trial Attorney, Weiser McCarthy - Trial Counsel for the Hanover Insurance Group - New York City
1995 - Present
Part Time- Wine Consultant, (67 Wine.com)
2000 - 2002
Trial Attorney, Cheven, Keely & Hatzis - Country Wide Insurance Company
1999 - 2000
Self employed trial lawyer, Law office of David Weiser
1995 - 1998
Attorney, Bauman & Kunkis. P.C.
Associations
2019 - Present
Columbus Avenue Business Improvement DistrictElected Full Board Member
2014 - Present
Council of Litigation ManagementMember
2013 - 2014
New York State Bar AssociationMember
1996 - 1999
New York State Trial Lawyers AssociationMember
Sample of Legal Cases
Bankruptcy Affirmed - Claim may be pursued against bankrupt tenant
Lower Court affirmed
Workers claims a ceiling collapsed-Brain damage & Spinal Fusion
In Litigation
Elevator failure-Spinal Fusion, ankle surgery
In litigation
Woman claims roadway collapsed
In litigation
Pearls damagd - Water damage
In litigation
Saw accident - Severed fingers
In litigation
Fall from Ladder - Spinal Fusion
In litigation
Elevator mechanic falls through elevator shaft
In litigation
Education
1995
Western Michigan University
JD - Juris Doctor
1995
Harriet Lembeck's Wine & Spirits Program
Wine history
1991
Ithaca College
BS - Bachelor of Science
1986
River Dell High School
Oradell, New Jersey
Publications
2019
New York Reporter - 2nd Department- Appellate Division
Appellate Division affirms lower Court - 2nd Department - Newly discovered evidence - Procedural appeal CPLR
2019
1st Department - Appellate Division
McDowell v. Xand & JCI Construction - Construction site accident - Lower Court Affirmed
2019
New York Reporter
Summary Judgment - Client found not to be a Labor Law defendant
2019
Uzzillia v. Blink Fitness - Summary Judgment Granted - Supreme Court - Bronx County
Labor Law - Contractor is entitled to dismissal of Contractual, Common Law & Contribution claims
2019
New York State Reporter - New York State Supreme Court
Smith v. West End - Toxic fumes causing personal injury - Case dismissed against developer - Summary Judgment
2019
Case dismissed - New York State Reporter
Labor Law - Spinal Fusion - Gray v. Chase Bank
2018
Wrong body cremated - Loss of Sepulcher
Punitive Damages Dismissed upon Renewal
2018
1st Department - Appellate Division
Calleja v. 221 West 43rd Street Property Owner - Bankruptcy ruling upheld - Labor Law
2018
Court dismisses case - Managing partner of a LLC is not a proper Labor Law defendant
Brightman v. Rudin Management
2018
New York State Court Reporter
Labor Law - Electrocution - Case dismissed
2018
Spinal Fusion - Dr. Sebastian Lattuga & Fractured Elbow with Surgery
Bronx County - Supreme Court - Hiciano v. Treemont Electric - Demand -$6,250,000 - Verdict $100,000 past - $50,000 future
2017
Giancola v. The Yale Club of New York City
Labor Law - Summary Judgment Granted - 240 & 241(6) dismissed - Elevator mechanic falls through escape hatch
2017
Out of possession landlord owes no duty to the plaintiff - No Structural Defect
Appellate Division - 1st Department - Reversal of Trial Court
2017
Labor Law 240 & Common Law Claims Dismissed
White v. 31-01 Steinway, LLC
2017
Pareja v. Meyer Davis Studio
Summary Judgment Granted - Labor Law 240(1) - My client was deemed not a general contractor as a matter of law
2017
Jury Trial - ORIF left foot - P a professional dancer 28 years old - could not return back to work. Demand prior to jury selection 1.3 million, demand prior to opening $900K, last offer $250K, last demand $500K one day prior to verdict - Verdict $450K
Narwani v. Paramount Glass Co., Inc.
2016
Established early in discovery that plaintiff's accident did not occur at my client's premises
Antonio Marte v. Parish of Trinity Church
2016
2016
Labor Law - Summary Judgment granted - Plaintiff's accident did not occur at a work site.
Karwowski v. 1407 Broadway
2016
Supreme Court, Kings County -Defeated the plaintiff's Labor Law §240(1) fall from a height - 15 feet - question of fact whether a cover was a safety device
Manuel Flores v. 4312 Second Avenue
2016
Supreme Court, New York County - Argued successfully that my client was not a statutory liable Labor Law defendant
Puchades v. Taube
2016
Albert Nipon v. Yale Club of New York City
Jury Verdict - $15,000 for Past Pain & Suffering & $0 for future Pain & Suffering - Fractured Hip with Surgery
2015
Plaintiff claims roadway collapsed while walking in roadway - Summary Judgment granted to my client RCN Cable Telecom
Sears v. S3 Tunnel Construction, et al.
2015
Appellate Division - 2nd Department
Grossi v. Ralph Aievoli & Son, Inc.
2014
Appellate Division - 2nd Department
Rodriguez v. Klein
2012
Supreme Court-New York County
Gilchrist v. City of New York, et. al.
2011
New York Post
New York Post- Bailey v. Benta's Funeral Home
2011
New York Daily News
New York Daily News - Bailey v. Benta's Funeral Home
2011
Appellate Division - 1st Department
Dana Bailey v. Benta's Funeral Home
2010
Jury trial - Construction Site Accident -no liability to my client Floorcom, Floorcom then awarded attorneys fees in its favor
Sigismondi v. JT Magen, et. al.
2009
Appellate Division - 1st Department
An v. Parra
2009
Appellate Division - 1st Department
Fernandez v. Niamou
2009
Appellate Division - 2nd Department
Meisels v. Lucille Roberts
2008
Appellate Division - 2nd Department
Galazka v. WFP
Languages
English