Brian S. Gitnik

Brian’s practice is focused on legal, executive, and other professional malpractice claims, including insurance brokers and agents, architects, engineers, podiatrists and psychiatrists, as well as premises, coverage, labor and employment, general liability and defamation claims.  Brian is an experienced litigator handling every aspect of litigation from offering advisory opinions through ADR, settlement, or trial. He has also offered courses on multiple facets of New York practice to clients in New York, New Jersey and Wisconsin for Continuing Education Credits in New York, Florida, Georgia, and Texas.


  • St. John’s University School of Law, JD, 2000; St. John’s University of Legal Commentary, Notes and Comments Editor
  • State University of New York at Albany, BA, 1997; political science


  • New York
  • Connecticut
  • United States District Courts: Southern District of New York, Eastern District of New York, Western District of New York

Professional Activities

  • Westchester County Bar Association
  • New York State Bar Association


  • "Joint and Several Liability,"  PLRB/LIRB, Concord, North Carolina 2013
  • "Emerging Trends in Coverage Litigation," National Business Institute, Farmingdale, New York, 2007


  • "Statutory Protection Afforded Even to Negligent Worker Under Labor Law," CM Report of Recent Decisions, March 31, 2009
  • "Partial Negligence Does Not Prevent Court From Granting Summary Judgment in Labor Law 240 Case," CM Report of Recent Decisions, May 15, 2008
  • "First Department Further Limits Labor Law 240(1): Safety Equipment Need Not Be Available 'On-Site'," CM Report of Recent Decisions, August 13, 2007
  • "New York Court of Appeals Resolves Appellate Division Conflict: Illegal/Undocumented Laborers May Receive Lost Wages," CM Report of Recent Decisions, February 1, 2006
  • "New York Court of Appeals Further Limits Labor Law 240(1): Flatbed Trucks Are Not Height-Related Risks," CM Report of Recent Decisions, April 1, 2005
  • "The Excited Utterance Exception to the Rule on Hearsay," 14 St. John's University Journal of Legal Commentary, 227 (1999), co-author with Angela Conti