Daniel M. Schiavetta

Daniel M. Schiavetta

Offices: New York, New Jersey
Of Counsel

Daniel received a J.D. from University of California, Davis School of Law in 1992, after a previous career as a social worker. At UC Davis he was the only member of his class to be named both a Law Review Editor and a Moot Court Judge.

He specializes in nursing home and adult residential facility defense, and has wide experience in appellate and insurance coverage litigation. He has prosecuted rescission, declaratory judgment and interpleader actions in state and federal court on behalf of various insurers, and has tried cases involving medical malpractice and premises liability.

David gives presentations to nursing homes as to charting and litigation issues and is responsible for two changes in case law which have benefited his clients, Springstead v. Ciba-Geigy, 27 A.D.3d 720 (2nd Dept. 2006) (allowing recovery of costs in pursing third party actions), and Randi A.J. v. Long Island Surgi-Center, 46 A.D.3d 74 (2nd Dept. 2007) (requiring "clear and convincing" evidence for punitive damages).

Education
1992 University of California, Davis School of Law
1980 B.A. State University of New York
Admissions
New York and New Jersey Federal Courts
Second Circuit Court of Appeals
United States District Eastern and Middle Districts of Pennsylvania
United States Court of Appeals, Third Circuit
Memberships
Westchester County Bar Association
New Rochelle Bar Association
Defense Research Institute

News Insights

February 23, 2021

New York's New Amended Uniform Court Rules: How to Make Them Your Friend

This program will address the implementation of significant amendments to the Uniform Court Rules for the Trial Courts of the State of New York. The program will focus on the most important rule changes that will materially affect the day to day practice in the Civil Trial Courts. The course will not only focus on the changes but how to best adjust your practice habits to be in compliance.

February 5, 2021

Lee-David Weiner Wins Summary Judgment On Behalf Of A Project Manager In A Trip And Fall On The Side

Mr. Weiner wins summary judgment In Stakey v. Town of Riverhead et al. Suffolk County Index No: 15-00089. The Court in an 8-page decision held that our client did not perform any work on the subject sidewalk and was not responsible for the safety or means and methods of each individual contractor pursuant to the contract between our client and the subcontractor performing the work.

January 29, 2021

Employing Generally Accepted Principles of Neuroscience and Memory in the Legal Field to Address False Eyewitness Testimony Through Trial

On May 12, 2015, a suspect who attacked an NYPD officer with a hammer was shot by police in the middle of the day, on a crowded Midtown Manhattan street. There were multiple eyewitnesses to the incident. Almost all of the witness reports were incorrect. Several people inaccurately reported that the police officers shot an unarmed man while he was on the ground and handcuffed. The incident was recorded on surveillance video, documenting the suspect attacking one of the officers with a hammer and that officer''s partner then shooting the man while he was in the midst of the attack.