Rocco is a partner practicing in the fields of Medical Malpractice, Premises Liability, General Liability, Products Liability and Professional Liability. Rocco has successfully defended malpractice claims in both state and federal court against a wide array of healthcare clients including hospitals, physicians, nurses, mental health professionals, physical therapists and dentists. He also represents health care providers at Fair Hearings involving managed long-term care disputes. Rocco has extensive experience representing property owners, management companies, construction companies and business owners in premises/general liability cases and construction cases, often involving catastrophic injuries and complex Labor Law issues.

 

Rocco has lectured on numerous topics in the fields of Medical Malpractice and General Liability. He has lectured on the defense of Fire and Explosion Claims and has presented in-house lectures on Risk Reduction for General Liability Claims. He has also lectured extensively to dentists and dental residents on various malpractice issues and risk management.

 

Rocco has published numerous articles and client advisories dealing with the defense of General Liability and Medical Malpractice claims. He is also the author of several articles and advisories on risk reduction for professionals and business owners.

 

 

LECTURES AND PRESENTATIONS

Dental Risk Management: Greater New York Dental Meeting (November 26, 2017)

 

NYSBA CLE: Claims and Defenses After Fires and Explosions (November 6, 2015)

 

Reducing Risk - Common General Liability Claims: In House Risk Reduction Seminar (October 23, 2015)

 

NYU College of Dentistry - Department of Periodontology and Implant Dentistry: Dental Malpractice Overview (June 2, 2011)

 

New York Center for Advanced Dental Education Seminar: Dental Risk Management (October 21, 2010)

 

Hudson Valley Bank Sponsored CLE Seminar: Intro to Legal Issues Affecting Medical Professionals – A Defense Counsel’s Perspective, (June 5, 2008).

 


PUBLICATIONS

Owners of Public Establishments Have a Duty to Protect Patrons Against Assaults, Client Advisory (June 4, 2015)


Evidence of General Cleaning Routine Insufficient to Establish Prima Facie Showing of Lack of Constructive Notice, Client Advisory (June 2, 2015)

 

Recent Labor Law Decisions Granting Summary Judgment To Defendants, Client Advisory (October 9, 2014)

 

Defendant Must Show Evidence of When Area Was Last Inspected or Cleaned Despite Plaintiff's Inability to Establish Notice, Client Advisory (August 4, 2014)

 

Appellate Court Affirms Dismissal of Labor Law §240(1) Case, Client Advisory (April 1, 2014)

 

Appellate Court Rejects Open and Obvious Defense, Client Advisory (March 3, 2014)

 

What You Should Do When Your Fitness Facility Faces a Liability Lawsuit, Club Industry –The Magazine for Fitness and Business Professionals (2013)

 

Choosing the Right Type of Business Entity Can Help Protect You from Liability, Club Industry –The Magazine for Fitness and Business Professionals (2013)

 

Court Dismisses Negligent Security Claim Based on Evidence Showing Door was Inspected and Absence of Work Orders, Client Advisory (August 12, 2013).

 

Lack of Appropriate Safety Device Required for Labor Law §240(1), Client Advisory (August 8, 2013).  

  

Court Denies Defendant's Dismissal Motion Despite "Storm in Progress" Defense, Client Advisory (April 8, 2013)

 

Establishing The Special Employee Defense, Client Advisory (March 25, 2013)

 

Damages in Bedbug Cases, Client Advisory (March 22, 2013)

 

Whether a Condition Violates a New York City Building Code is a Question of Law for the Court, Client Advisory (February 12, 2013)

 

Evidence Must Be Secured To Avoid The Drastic Result Of A Spoliation Finding, Client Advisory (January 16, 2013)

 

Expert Not Permitted to Opine Outside of His Specialty Without Laying the Proper Foundation, Client Advisory (November 8, 2012)

 

Uncorroborated Hearsay Admission Creates Issue of Fact Despite Absence of Notice of Hazardous Condition, Client Advisory (September 24, 2012)

 

Labor Law §240(1): Expanding Falling Object Liability, Client Advisory (June 14, 2012)

 

Disclosure of Surveillance Material in New York, Client Advisory (April 27, 2012)

 

Evidence Regarding Inspection Procedures Required to Prevail on Summary Judgment when Constructive Notice Alleged, Client Advisory (February 9, 2012)

 

A "Recurrent Condition" Must Be In The Area of the Alleged Accident to Establish Notice, Client Advisory (June 14, 2011)

 

Building's Alleged Violation Did Not Directly or Indirectly Cause Firefighter's Injuries, Client Advisory (April 5, 2011)

 

Snow and Ice Litigation in New YorkClient Advisory (November 5, 2010)

 

Running the Risk: Physical Therapy Malpractice, Advance for Physical Therapy and Rehab Medicine (October 18, 2010)

 

Duty to Warn: Dangerous Patients, Professional Liability Underwriting Society Journal, Volume XXIII Number 7 (July 2010).

 

New York City Sidewalk Law, Client Advisory (July 14, 2010).

 

An Insurer’s Duty to Defend and Indemnify its Additional Insured, Client Advisory (June 22, 2010).

 

Testimony as to "regular routine" for cleaning a building enough to make out a prima facie case for summary judgment, Client Advisory (April 26, 2010).
 
Primary Assumption of Risk Defense Limited to Cases Involving Injuries Sustained During Sporting and Other Recreational Activities, Client Advisory (April 20, 2010).

When Can a Prior Owner be Liable for a Premises Liability Matter, Client Advisory (September 14, 2009).
 
When Can a Pension, Disability Payment or Similar Benefit, Be Used to Set Off the Economic Loss Portion of  a Plaintiff's Personal Injury Award, Commercial Transportation Litigation Committee Newsletter (Summer 2009); Client Advisory (April 16, 2009). 
 
Summary of Law Regarding "Dog Bite" Cases in New York, Client Advisory (February 10, 2009).

Practice Areas
Construction and Labor Law

Fire and Explosion

General Liability

Hospitality and Dram Shop

Medical Malpractice

Premises Liability

Products Liability Defense

Security Guards

Nursing Home and Long Term Care

Education
South Texas College of Law, J.D., 1997
Syracuse University, B.A., 1991 

Bar and Court Admissions
New York

Texas

U.S. District Courts – Southern and Eastern Districts of New York

 

Other Professional Affiliations

New York County Lawyers’ Association