Gail S. Kelner




(212) 425-0007


Gail Kelner handles construction accident litigation, trucking accident cases, catastrophic injury cases, and other complex litigation. She handles complex appeals and has appeared multiple times before the New York Court of Appeals. 

She has been involved in dozens of cases that have resulted in recoveries of over $1,000,000. Many of these have been construction accident injury cases. Significant among them have been a $9,000,000 recovery for a worker who fell from a forklift at the American Airlines Terminal. She was recently involved in a $10,400,000 verdict against the City of New York with Robert Kelner in a case involving the collapse of a sidewalk bridge in Bronx, New York. Other multi-million dollar recoveries in her cases have included the death of a bridge painter when a box lift truck overturned, a ladder collapse necessitating the amputation of an electrician's leg, a construction worker seriously injured when a scissor lift overturned and a window washer whose ladder collapsed  With Robert Kelner,  obtained a $16.5 million results for construction worker who fell from a sidewalk bridge during demolition;$9.7 million  result for worker who fell from ladder (after winning case in Court of Appeals); $9 million for worker who fell from a forklift, $9 million for death of a window washer who fell 13 stories to his death ( after a significant decision in the Appellate Division with respect. 

She has represented construction workers in many trades, including iron workers, electricians, laborers, plumbers, roofers, masons, carpenters, building superintendents and window cleaners. She has won summary judgment in many of these cases, both at the trial and appellate levels. One of her iron worker clients obtained recoveries of over $1,000,000 in two different accident cases. She has also been involved in paralysis and brain injury cases resulting from other types of accident cases. For example, she handled a case resulting in a $9,000,000 recovery for a 64 year old man severely injured in an auto accident.

She is a co-author with her husband, Robert Kelner of the Trial Practice column in the New York Law Journal and has written extensively on many issues in personal injury trial practice. All of these columns have addressed developments in New York law in the field of personal injury litigation. She writes extensively on the New York Labor Law which protects workers in the construction, demolition and trade fields.   She has lectured for the New York State Bar Association as well as the New York County Lawyers Association and the New York State Trial Lawyers Association in the areas of construction site litigation and other areas of personal injury litigation. She has also addressed the court attorneys in the Appellate Division, First Department on aspects of the New York Labor Law in construction accident cases.

She received her J.D. degree from New York University School of Law in 1973 and a B.A. from Tufts University in 1970 (Phi Beta Kappa). She is admitted to the New York State Bar and the Federal District Courts in both the Southern and Eastern Districts. She has argued appellate cases before the Appellate Division, First Department, the Appellate Division, Second Department, and the New York State Court of Appeals.

Areas of Practice

  • Personal Injury
  • Medical Malpractice
  • Construction Accidents
  • Construction Site Labor Law
  • Products Liability
  • Trucking Accidents
  • Motor Vehicle Accidents
  • Premises Liability
  • Wrongful Death

Bar Admissions

  • New York, 1974
  • U.S. District Court Southern District of New York, 1974
  • U.S. District Court Eastern District of New York, 1974
  • U.S. District Court Northern District of New York, 1974


  • New York University School of Law, New York, New York
    • J.D.
  • Tufts University, Medford, Massachusetts
    • B.A.
    • Major: Political Science

Published Works

  • New York Law Journal Columnist with Robert Kelner


  • Lecturer, New York State Bar Association
  • Lecturer, New York County Lawyers Association
  • Lecturer, New York State Trial Lawyers Association

Professional Associations and Memberships



  • Phi Beta Kappa

$40,000,000 Verdict- Truck Accident / Wrongful Death

A commercial truck struck an overpass causing the container to separate from the truck and fly through the front of our client’s vehicle, which resulted in the death.

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$36,000,000 Verdict- Subway Accident

A 19 year old man was struck by a New York City subway train. He was paralyzed as a result of the accident and was awarded one of New York’s largest verdicts.

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$27,000,000 Verdict- Construction Accident

A man in his 50’s fell off a latter at a construction site and sustained a brain injury. The case was tried in Manhattan Supreme Court.

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