Albert J. D'Aquino

Albert J. D'Aquino: Attorney with Goldberg Segalla LLP
Attorney Awards


Albert D’Aquino is one of Goldberg Segalla’s founding partners and Co-Chair of its General Liability Practice Group, one of the firm’s largest practice groups. A seasoned trial lawyer who has served clients throughout New York for more than 30 years, Al tries - and wins - cases against the most experienced and respected plaintiffs’ attorneys in the state. He brings a goal-oriented approach to pre-trial and trial proceedings, which stands as a hallmark of his proactive, cost-effective litigation style. Within the firm, Al uses the keen insight he has gained through his decades of experience in the state and federal courtrooms of New York to teach trial technique to associates across the firm’s footprint.

In his multi-faceted law practice, Al successfully defends clients in complex product liability and premises and construction site personal injury litigation (involving New York State Labor Law). He has also represented hundreds of attorneys and physicians, as well as major pharmacy chain and other health care clients, in high-stakes malpractice litigation, and he represents insured and self-insured trucking common carriers and private fleets. Al also defends clients embroiled in catastrophic injury litigation, such as multiple-fatality auto and serious industrial accidents, and is regularly called upon to parachute into existing cases specifically for trial.


Best Lawyers in America
•Insurance Law, 2012-19
•Legal Malpractice Law - Defendants, 2012-19
•Personal Injury Litigation - Defendants, 2012-19
•Lawyer of the Year, Insurance Law (Buffalo), 2016, 2018
•Lawyer of the Year, Legal Malpractice Law - Defendants (Buffalo), 2019
•Upstate New York Super Lawyers, 2007-09, 2012-18
Business First's Who's Who in Law (Medical Malpractice)


•Sixty-One Goldberg Segalla Attorneys Featured in 2018 Upstate New York Super Lawyers
August 13, 2018
•The Best Lawyers in America 2019 Names Thomas F. Segalla, Albert J. D'Aquino, John P. Freedenberg Lawyers of the Year, Lists Thirty-four Goldberg Segalla Attorneys
August 15, 2018
•Twenty Goldberg Segalla Attorneys Listed in The Best Lawyers in America 2017
August 16, 2016
•Goldberg Segalla Attorneys Named 2016 Upstate New York Super Lawyers
August 15, 2016
•The Best Lawyers in America 2016 Names Albert J. D' Aquino, Sean P. Beiter Two Buffalo Lawyers of the Year, Lists Nineteen Goldberg Segalla Attorneys
September 2, 2015


•The Best Lawyers in America 2018 names Neil A. Goldberg, Thomas P. Bernier, Albert J. D'Aquino, and David L. Brown Lawyers of the Year, Lists Thirty-two Goldberg Segalla Attorneys
August 17, 2017
•Goldberg Segalla Attorneys Listed in 2017 Upstate New York Super Lawyers
August 2017
•Goldberg Segalla Names Albert J. D’Aquino Co-Chair of General Litigation Practice Group
September 29, 2011


•Diagnostic Lab Wins Appeal on its Motion to Dismiss $6 Million Pathology Malpractice Case
March 27, 2018


•Professional Liability Matters



• Five Questions With Albert D'Aquino , Buffalo Law Journal, June 23, 2015
•Presenter, Goliath vs. David: Defending the FDIC's Aggressive Claims Against Counsel to Failed Banks, Professional Liability Defense Federation's Annual Meeting, Washington, D.C., September 17-19, 2014
•Speaker, Electronic Health Records & Litigation: Designing Systems to Support, Not Thwart, Defense of Liability Claims, ICA Annual Conference, Orlando, Fla., September 30 - October 2, 2012
•Quoted in “Apps for Attorneys Changing the Game,” Buffalo Law Journal, February 20, 2012
•Author, “Writing to Win: Plain English for Lawyers Redux 2011,” For the Defense, Defense Research Institute, April 2011
•Presenter, It Is a 'Practice' - Tactics For the Experienced Trial Defense Lawyer, DRI Medical Liability & Health Care Law Seminar, March 2007
•Presenter, Expert Opinions in Trucking Accident Reconstruction, Lorman Educational Services Seminar - Trucking Litigation and DOT Regulations in New York, July 2006
•Co-Author, End of Life Decision-Making and Ethical Implications, DRI Medical Liability & Health Care Law Seminar, March 2006
•Author, Counseling the Collaborative Clinical Practice, For The Defense, Defense Research Institute, November 2005
•Author, Defending Radiologists, For The Defense, Defense Research Institute, November 2004
•Faculty Speaker, DRI Seminar on Electronic Discovery, April 2004
•Author, Federal Nursing Home Surveys, For The Defense, Defense Research Institute, October 2003
•Speaker, A.C.I. Nursing Home Litigation Seminar, Chicago, IL, June 2002
•Invited Speaker, Threshold for Admissibility of Opinions on Accident Causation, DRI Trucking Seminar, St. Louis, MO, April 2002
• Ethical Considerations in Malpractice Litigation, New York State Bar Association Seminar
•Author, Trucking Accident Reconstruction: Unlocking the Kumho Gates, For The Defense, Defense Research Institute, March 2001
• A Pretrial Procedure for Excluding Testimony, Pace Law Review, Vol. 4, No. 3

Areas of Practice (5)

  • Construction
  • General Liability
  • Management and Professional Liability
  • Product Liability
  • Transportation

Education & Credentials

Contact Information:
716.566.5453  Phone
716.566.5401  Fax
University Attended:
State University of New York at Buffalo, B.A., 1982
Law School Attended:
Pace University School of Law, J.D., Editorial Board, Pace Law Review, 1985
Year of First Admission:
U.S. District Courts for the Western and Northern Districts of New York; 1986, New York

Professional Affiliations

•Professional Liability Defense Federation: Former President
•Trucking Industry Defense Association

Birth Information:
Syracuse, New York, May 4, 1960
Reported Cases:
Representative Matters: Representative Matters in Al's core practices include: Professional Liability: After a large federal banking commission claimed that Al's client had caused losses in the tens of millions, he developed proof to counter the claimed damages and, through a focused mediation process, resolved the claims without personal exposure to the attorney and without expending all insurance limits - before suit was filed. He obtained unanimous defense verdicts in the trial, and then retrial, of a case against a surgeon in a wrongful death case after New York's highest court vacated the first verdict and ordered a retrial. The case is a leading citation on the doctrine of res ipsa loquitur in New York's seminal Pattern Jury Instructions, authored by a panel of New York judges.; Medical Liability: Al has represented hundreds of physicians, physician extenders, hospitals, and other health care professionals in litigation and through trial for 30 years. He has represented a major pharmacy chain in cases involving medication errors and infusion services claims, and medical physicists in seed radiation injury claims. In related matters, he has represented latex glove manufacturers in U.S. federal court multidistrict litigation and perfusionists in ECMO therapy malfeasance claims. He has tried cases that have been cited in New York's Pattern Jury Instructions, for use throughout the state, on a key medical malfeasance issue.; Construction Site/Labor Law: Al took over the case and the appeal for a major Buffalo developer hit with a multi-million dollar verdict under New York's rigid Scaffold Law which, in many circumstances, imposes strict liability. After the appeal resulted in a new trial and clean slate on damages, Al crafted a refined damages defense and in mediating the case in the days leading up to the start of the retrial, was able to get the case resolved - for half of the original verdict. In representing one of the largest construction manager companies in the country, Al won at trial when the jury found that his client's role was not, as the plaintiff claimed, that of a general contractor - avoiding liability altogether.; Products Liability: Al represented the manufacturer of a key component of a piece of farm equipment in a case involving traumatic amputation. Developing proof through an expert on state-of-the-art design compliance and proper warnings use, Al was able to negotiate an economic settlement halfway through the trial - which later ended with a high-seven-figure verdict against the remaining equipment manufacturer-defendant.; Catastrophic Injury: Al was brought in to handle a trial presenting a quadriplegia claim a few short weeks before trial was to begin, with liability already decided against his client. With very few good options, the case resulted in an expected high verdict, but during post-trial proceedings, Al worked with the trial judge and opposing counsel to settle the case through structured settlement for millions less than the verdict - and even well within the exposed excess insurance policy.; Trucking: Lessors of tractor trailers are protected from the liability attached to ownership of a vehicle involved in an accident by the federal Graves Amendment, a focal point of liability claims as plaintiffs' attorneys attempt its circumvention to access larger liability insurance limits. Al has won summary judgment for trucking industry clients involved in multiple-fatality accident cases with his discovery keyed to positioning the motions for success.
Payment Information:
  • Fixed Hourly Rates
  • Fixed Fees Available

Peer Reviews

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