Biography
Brendan T. Fitzpatrick, chair of the Appellate Advocacy Practice Group at Gerber Ciano Kelly Brady, is one of the most prominent and prolific appellate litigators in New York State. He has briefed more than 800 appeals, argued nearly 500, and achieved appellate reversal or affirmance for clients before all Appellate Divisions in New York State, the New York State Court of Appeals, and the Second Circuit Court of Appeals. His extensive body of appellate experience spans a wide range of topics, including insurance coverage, contract disputes, product liability, constitutional law, and negligence.
Recognition for Brendan’s proficiency as an appellate attorney extends statewide and nationally. As a member of the Amicus Curiae Committee for the Defense Association of New York (DANY), he has helped draft numerous appellate briefs to the New York State Court of Appeals, advocating for policy positions crucial to the success of the defense bar in New York. DANY has twice recognized the long-term value of his work, in 2009 and 2014, with its Literary Award.
Since 2016, Brendan has been a Fellow in the American Academy of Appellate Lawyers (AAAL), a national, invitation-only organization limited to no more than 500 appellate advocates who have demonstrated the highest skill level and integrity.
Brendan is the author of several articles and chapters on appellate and other legal practice topics, including the value of having appellate counsel involved throughout the entire litigation process, that have been published by the New York Law Journal, Aspatore Publishing, DRI, the New York State Bar Association, and USLAW Magazine.
In his free time, Brendan enjoys spending time with his family and coaching youth football.
Education
University of Notre Dame School of Law, J.D., 1995
University of Notre Dame, B.A., 1992
Honors
Best Lawyers in America, 2025, Litigation-Insurance
New York Metro Super Lawyers: 2010-11, 2013-2024
Defense Association of New York (DANY) Literary Award: 2009, 2014
Is a Landlord Required to Foresee a Targeted Attack….Maybe?
In Scurry v. NYCHA and Murphy v. NYCHA, the Court of Appeals considered the duty of an owner—NYCHA—where an injured party was injured by a third party’s criminal attack. The Court found general negligence principles apply to cases in which a tenant injured by a third party’s criminal attack,...
New York Creates Uncertainty For Insurers With The ‘Comprehensive Disclosure Act’
Just before New Year’s, the Governor gifted litigators, practitioners and the entire insurance industry with a signed a bill that greatly expands current disclosure requirements by revising CPLR § 3101(f) and adding a new § 3122-b.
First Department Affirms $10 Million Award for TBI and Declines to Address Practice of “Anchoring” at Trial
Plaintiff Marion Hedges was seriously injured when two 12 year-old boys threw a shopping cart over a 4th floor balcony which struck Hedges while she was standing on the first floor.
Professional Leadership
New York State Bar Association
American Academy of Appellate Lawyers
Fellow
Defense Association of New York (DANY)
Amicus Curiae Committee Member
Presentations
Presenter, “Labor Law Claims, Coverage and Litigation,” New York State Bar Association CLE, New York, NY, December 16, 2016
Publications
Author, “First In, Last Out: The Benefits of Appellate Counsel,”New York Law Journal, April 10, 2017
Co-Author, “Jury Instructions,” Preparing for and Trying the Civil Lawsuit, 2d Ed., 2016 Rev., New York State Bar Association
Co-Author, “Fraudulent Misjoinder: Combating Artful Pleadings Designed to Destroy Diversity Jurisdiction,” DRI For the Defense, May 2015
Featured in “And The Defense Wins,” Defense Research Institute, May 28, 2014
Co-Author, “Not Business as Usual for NY Court of Appeals,” Law360, January 13, 2014
Author, “The D&O Landscape After Sandusky,”DRI Covered Events, Newsletter of the Insurance Coverage Committee, May 2013
Co-Author, “Product-Design Trade Dress: A Corporate Asset Worthy of Protection,” USLAW Magazine, Spring/Summer 2011
Author, Instant Awareness: An Immediate Look at Legal, Governmental, and Economic Ramifications of the Amendments to the Federal Rules of Civil Procedure and Electronic Discovery: The Cost of Prevention in E-Discovery, Aspatore Publishing, 2008
Author, Inside the Minds: Domestic and International Litigation Strategies: Learning to Deal with Uncertainty, Aspatore Publishing, January 1, 2007
Co-Author, “Pecker: Contract Interpretation and Contribution Among Insurers,” New York Law Journal, Feb. 23, 2004
Co-Author, “The Use of Excess Clauses in Additional Insured Endorsements,” New York Law Journal, May 8, 2003
Co-Author, “Good News for Counsel Defending Against ‘Kinney’ Claim,” New York Law Journal, January 30, 1998