Alan Kaminsky

Partner

  • location icon New York, NY
    77 Water Street
    New York, NY 10005

Alan Kaminsky is a senior partner in the New York office of Lewis Brisbois, a co-chair of the firm’s national General Liability Practice, and a member of the firm’s ten-partner Management Committee. Mr. Kaminsky is a premier trial lawyer whose aggressive approach to discovery, deposition, and cross-examination has made him one of New York’s most successful defense attorneys.

Mr. Kaminsky has tried more than 300 cases in his more than three decades of practice. Throughout his career he has obtained more than 50 defense verdicts, with the vast majority of the remainder of his high exposure, catastrophic damages cases resolving favorably for his clients either through mediation or during trial. He regularly handles cases presenting multimillion dollar exposure pertaining to alleged Labor Law violations, premises security lawsuits, transportation accidents, fires, wrongful death, construction accidents, and lead paint poisoning, all of which involve catastrophic damages. He has represented parties involved with both the longest running civil trial in New York City history and what was at the time the oldest active case in New York, winning his clients a directed verdict in the former and a full defense verdict in the latter. He has also been called upon to provide counsel on some of the nation’s highest profile incidents, including:

  • Served as national defense counsel for Arapahoe County, Colorado, and its law enforcement personnel in relation to the school shooting at Columbine High School
  • Secured dismissal via summary judgment of claims filed against the owner of the building where the infamous “Atlanta day trader” shootings occurred
  • Advised the shopping center in Arizona where U.S. Representative Gabby Giffords was shot
  • Represented the owner of the complex where the San Bernardino terrorist attack occurred

Mr. Kaminsky and his team have litigated and tried scores of actions in which plaintiffs have alleged violations of New York State’s Labor Law (Sections 240, 241(6) and 200) and the Industrial Code. Many of these cases have involved complex contractual relationships that involve indemnification and coverage entitlements, including the administration of Owner Controlled Insurance Programs and Policies.

Another major area of focus for Mr. Kaminsky is foster care and the abuse and assault of minors. He has tried and overseen the trials of dozens of these emotionally fraught cases, such as: 

  • Defended the owner of a temporary housing project in a high-profile case covered extensively in the media concerning allegations made by a foster family of 19 of permanent injuries due to lead paint poisoning in the residence; trial lasted for three months, and parties reached a settlement extremely favorable for our client during jury deliberations. 
  • Represented a foster home against claims of negligence related to three children who were allegedly physically and emotionally abused by the operator of the home, a co-defendant in the case; the case settled prior to trial for a confidential amount. 
  • Represented an insured foster care agency in two cases involving siblings who were assigned by the NYC Administration for Children’s Services (ACS) to our client for placement into a foster home, where the children alleged abuse; the cases settled for a confidential amount during motions for summary judgment pending and prior to trial. 
  • Defended landowners in multiple trials concerning minors sexually assaulted, physically assaulted, and/ or raped while on the landowners’ premises, including in apartments, on elevators, and on rooftops; in one notable case, which was affirmed by the New York State Court of Appeals and led to new case law, a jury rendered a defense verdict on behalf of the owner of a building where a 17-year old female was forced into an elevator, forced into her apartment, robbed, and then brought to the rooftop where the perpetrator raped her and attempted to strangle her.

He has authored three books, is a contributing author to various legal publications, and has been a featured speaker at more than 100 programs.

Related Legal Alerts

Legal Experience

  • Twice cited by National Law Journal for obtaining one of the Top Ten Defense Verdicts of the Year, and by the Jury Verdict Reporter for Defense Verdict of the Month
  • Obtained over 50 defense verdicts in personal injury matters with many cases presenting multi-million dollar exposure
  • Recognized by New York Magazine as one of the Top Personal injury trial lawyers in New York for 15 consecutive years, 2000-2015
  • Cited by New York Times as one of the top 5% of “Super Lawyers” in the New York Tri-State Area for 10 consecutive years, 2006-2015
  • Consulted on dozens of prominent cases throughout the United States
  • AV Rated for 12 consecutive years by Martindale Hubbell for highest possible peer review ratings for ethical standards and ability 

Publications

  • “A Complete Guide to Lead Paint Litigation,” published by American Bar Association
  • “A Complete Guide to Premises Security Litigation,” published by American Bar Association (1st Edition; 2nd Edition; 3rd Edition)
  • New York Law Journal, Guest Columnist: “Appellate Case Review”; “Cross-Examining Economists”; “Confusion Persists on Tortfeasor Liability”; “Lead Paint Poisoning Litigation”
  • National Law Journal, “Crime Victims Bring Lawsuits vs. Landowners”; “Landlord Liability for Lead Paint Exposure”; “Premises Liability Decisions”
  • Co-author, “The Lawyer’s Guide to Lead Paint, Asbestos and Chinese Drywall” American Bar Association

Professional Presentations

Guest Speaker at more than 100 programs, including national presentations by Defense Research Institute, American Society for Industrial Security, Mealy’s, International Counsel of Shopping Centers, New York Bar Association, tourism boards, various national trade organizations, and real estate, insurance, and legal symposiums across the country.

Admissions

New York

Associations

  • American Board of Trial Advocates (ABOTA)
  • New York State Trial Lawyers Association
  • American Bar Association
  • Bronx County Bar Association
  • Defense Research Institute
  • International Association of Defense Counsel
  • American Trial Lawyers Association

Awards & Honors

  • Twice cited by National Law Journal for obtaining one of the Top Ten Defense Verdicts of the Year and by the Jury Verdict Reporter for Defense Verdict of the Month
  • Recognized by New York Magazine as one of the Top Personal Injury trial lawyers in New York for 15 consecutive years, 2000-2015

Education

Hofstra University School of Law

Juris Doctor, 1983

New York University

Bachelor of Arts, 1980

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