Brian W. McElhenny

Brian W. McElhenny

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Brian McElhenny has 30 years of experience defending clients in the Courts on Long Island and in the New York City area in municipal liability, labor law construction, product liability and premises cases.

He has tried more than 80 cases to jury verdict and argued 75 Appeals before the Appellate Division Second Department in New York State. He has argued five cases before the United States Second Circuit Court of Appeals. 

Brian is a member of the Municipal Liability and Trial Lawyers Sections of the New York State Bar and a member of the Nassau- Suffolk Trial Lawyers Association. He has been awarded an AV rating from Martindale Hubbell.

Honors
  • Long Island's 2012 Top Legal Eagles
Professional Affiliations
  • New York State Bar Association: Torts Insurance and Compensation Law Section, Municipal Law Section, Trial Lawyers Section
  • Nassau County Bar Association
  • Suffolk County Bar Association
  • Nassau - Suffolk Trial Lawyer's Association
Admitted to Practice
  • New York
  • U.S. District Courts for the Eastern and Southern Districts of New York
  • U.S. Court of Appeals for the Second Circuit
Civic Activities
  • Board of Governors, Head of the The Bay Club Inc.
  • Board of Directors, Long Island Platform Tennis Association
Education
  • Colgate University, B.A., 1977
  • St. John's University School of Law, J.D., 1980
Publications/Presentations
  • Author, “Recent Developments in the Primary Assumption of Risk Defense,” New York State Bar Association Torts, Insurance & Compensation Law Section Journal, Winter 2011
  • Author, "Recent Developments in the Primary Assumption of Risk Defense," The Defense Association of New York, Spring/Summer 2011; The Suffolk Lawyer, March 2011
  • Author, "Court of Appeals Rejects Estoppel Claim Against Municipality," The Suffolk Lawyer, November 2009
  • Author, "Appellate Rulings on Collateral Source Reduction of Jury Verdicts," Defendant Magazine, Summer 2008; Torts Insurance and Compensation Law Journal, Winter 2009
  • Author, "Liability of Dog Owners Revisited," The Suffolk Lawyer, June 2007
  • Presenter, "Liability for Sporting and Social Activities," New York State Bar Association Update and Overview on Premises Liability Seminar, 2005
  • Presenter, "Defenses: The Firefighter's Rule," New York State Bar Association Premises Liability Seminar, 1996
  • Author, The Police Officer Plaintiff:  Santangelo Revisited, New York Negligence Reporter, April 1994
  • Author, Injured in the Line of Duty, the "Policeman's Rule," The Nassau Lawyer, October 1989
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