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Kelner, Joshua D.

Joshua D. Kelner - New York, NY

Attorney at Kelner & Kelner

Personal Injury Lawyers in New York, NY

140 Broadway Floor 37 New York, NY 10005

  • Free Consultation
  • 1 Super Lawyers®
  • 89 Years 
    Experience

New York Personal Injury Lawyer

Updated: 03/10/2026

Areas of Practice

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

Attorney Information

Overview

Joshua Kelner, an attorney at Kelner & Kelner, is a third-generation trial attorney. He litigates complex Personal Injury and Civil Rights cases at every stage of litigation, from inception through trial and appeal.

Mr. Kelner graduated cum laude from Williams College in 2001 and cum laude from Harvard Law School in 2004. While at Kelner & Kelner, has achieved significant successes, which have includes a $19.1 million verdict for a man dragged by a New York City subway; a victory in the New York State Court of Appeals that made it easier for injured parties to have a defendant's liability determined as a matter of law; a victory in the New York State Court of Appeals that resulted in an expansion of the circumstances under which landowners can be held liable for defective sidewalks; a $4.5 million settlement for a truck driver injured as a result of a defective roadway; and a $3.82 million recovery for the family of a young man who died in custody at Rikers Island. He has appeared frequently in New York's appellate courts.

Mr. Kelner has been selected to the NY Metro Super Lawyers list consistently since 2012 and has been a speaker at the New York County Trial Lawyers Association. He authored an article for the University of Dayton Law Review.

These are some of Mr. Kelner's most notable and significant cases results:

$19,100,000 Verdict - Subway Accident- a male age 55, fractured his leg, and sever soft tissue injures to both legs when he was dragged by a NY City Subway Train. The jury verdict was reached in New York County against the New York City Transit Authority.

$3,100,000 Verdict - Premises Liability- a boy age 16, fractured his ankle in a skateboarding accident at a NY City Skate Park, in the Bronx. The jury verdict was reached in Bronx County, against City of New York.

$4,500,000 Settlement- Truck Accident - a male commercial truck driver age 54, sustained brain injuries and a fractured skull when he struck defective guide rail in Orange County, NY. The case was settled prior to trial in United Sates Federal Count, Southern District.

$4,250,000 Settlement- Trucking Accident- a male in his late 60's was injured when he was hit by commercial truck in New Jersey.

$3,820,000 Settlement - Civil Rights / Wrongful Death- a Rikers Island inmate was unconstitutional denial of medical care which resulted in his wrongful death. The settlement was reached in United States Federal Court, Southern District.

$3,600,000 Settlement - Pedestrian Accident- male age 72 was struck by van in Manhattan while crossing the street. Our client sustained brain injuries. The settlement was reached in Kings County, NY.

$2,000,000 Settlement Federal Employers Liability Act (FELA) - a male railroad worker in his 50's was injured while participating in construction project at LIRR train station on Long Island. He injured his spine as a result of the accident. The case settled in United Sates Federal Count, Southern District.

$1,800,000 Settlement - Motor Vehicle Accident - a 40 year old male was struck by a federal government vehicle while exiting his van in Manhattan. He sustained a brain injury as a result. The case settled under the Federal Tort Claims Act (FTCA).

$1,500,000 Settlement - Unsafe Workplace Accident - a New York City Sanitation worker, in his late 40's, injured his neck, which required spinal surgery. The gas pedal in his truck was defective, which resulted in the accident. The case settled in Kings County, NY.

Wrongful Conviction - Confidential settlement for man wrongfully convicted of attempted murder in Brooklyn, NY.

$1,300,000 Settlement - Negligent Security - a woman in her 60's was injured at NY sporting event. The settlement was reached in New York County.

Rodriguez v. City of New York: Argued and won appeal in the New York Court of Appeals which expanded the circumstances under which personal injury plaintiffs can have courts resolve a defendant's liability as a matter of law before trial.

Sangaray v. West River Associates: Argued and won appeal in New York Court of Appeals, widening the circumstances under which landowners could be held liable for defective sidewalks in the City of New York.


Awards and Honors

Super Lawyers® Selectees

SuperLawyers

Joshua D. Kelner included in a Super Lawyers® list

Honors

  • Super Lawyers , 2016 - 2017

Other Sources of Feedback About Joshua D. Kelner

Included on the 2026 New York Metro Super Lawyers list


Past Lists

  • 2025 New York Metro Super Lawyers list
  • 2024 New York Metro Super Lawyers list
  • 2023 New York Metro Super Lawyers list
  • 2022 New York Metro Super Lawyers list
  • 2021 New York Metro Super Lawyers list
  • 2020 New York Metro Super Lawyers list
  • 2019 New York Metro Super Lawyers list
  • 2018 New York Metro Super Lawyers list
  • 2017 New York Metro Super Lawyers list
  • 2016 New York Metro Super Lawyers list
  • 2015 New York Metro Super Lawyers list
  • 2014 New York Metro Super Lawyers list
  • 2013 New York Metro Super Lawyers list
  • 2012 New York — Metro Super Lawyers list

Education

  • Legal Education

    • Harvard Law School, Cambridge, Massachusetts, 2004
      J.D.
      Honors: cum laude
      Law Review: Harvard Civil Rights-Civil Liberties Law Review, Associate Editor
  • Non Legal Education

    • Williams College, Williamstown, Massachusetts, 2001
      B.A.
      Honors: cum laude
      Honors: Dean's List
      Honors: With Highest Honors
      Major: Political Science & History

Languages

  • Spanish

Classes and Seminars

  • New York County Lawyers Trial Practice Institute

Representative Cases

  • Sangaray v. West River Associates
    • Citation: Argued and won appeal in New York Court of Appeals, widening the circumstances under which landowners could be held liable for defective sidewalks in the City of New York
    • Court: Court of Appeals of New York
    • Year: 2015
  • Pacelli (Zimmardi) v. In truck Leasing
    • Citation: Argued and won appeal in Appellate Division, Second Department, which was first case in New York State recognizing commercial shippers’ duty of care to public for the manner in which trucks are loaded
    • Court: Supreme Court, Appellate Division, Second Department, New York
    • Year: 2013
  • Rodriguez v. City of New York

Published Works

Articles

  • The Anatomy of an Image: Unpacking the Case for Tort Reform, U. of Dayton Law Review, 31 Dayton L. Rev. 243

Bar Admissions

  • New York, 2005
  • U.S. District Court Southern District of New York, 2007
  • U.S. District Court Eastern District of New York, 2007
  • U.S. Court of Appeals 2nd Circuit, 2010

Reviews

Customer Reviews for Joshua D. Kelner

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Highlights

  • 5.0 Value
  • 5.0 Quality of Service
  • 5.0 Professional Competence
  • By Anonymous on Dec. 22, 2024
    Verified Client
    Hired Attorney 2021-2024
    Josh got the highest settlement for a client on a case we worked on together!
    Value: 5.0 out of 5
    Quality of Service: 5.0 out of 5
    Professional Competence: 5.0 out of 5

Photo

Contact

Google Map

New York, NY

140 Broadway
Floor 37
New York, NY 10005

Directions

Phone: 212-235-1027

Fax: (212) 425-0007

Email: Send a message

Website: https://www.kelnerlaw.com/blog/

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  • Free Consultations
  • Virtual Appointments

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