Brian J. Shoot
Member + 1994 + New York
Phone Number: 212-266-4107
Email: Bshoot@triallaw1.com
Address: 120 Broadway, 27th Floor, New York, NY 10271
Practice Areas
Brian Shoot is a member of the firm and an appellate specialist who has argued some 250 cases in appellate courts throughout New York. He is admitted to a variety of courts, including the United States Supreme Court, and his experience has made him a sought-after expert by members of the bar on appellate issues.
He is a member of the Office of Court Administration’s Advisory Committee on Civil Practice, which advises the state courts on the potential changes in matters of civil procedure. And he is a frequent lecturer on municipal liability, premises liability, tort damages, appellate practice, labor law, procedural practice, and Supreme Court Judges Association. Mr. Shoot has spoken at the behest of such organizations as the Office of Court Administration, Civil Court Judge’s Association, Brooklyn Barrister Association, New York State Trial Lawyers Association, Bar Association of the City of New York, and New York State Bar Association. He has been a member of Sullivan Papain since 2003.
“Winning an appeal, like winning a case, flows first and foremost from painstaking attention to detail. But it helps to be creative, yet also perfectly honest.”
Admissions/Courts:
- New York
Verdicts + Settlements
Brian J. Shoot has argued hundreds of appeals and recently he worked with fellow Sullivan Papain member Eric Schwarz on behalf of victims of Hurricane Sandy.
When the storm hit New York City, the Long Island Power Authority and its private contractor failed to turn off power, resulting in hundreds of fires that caused several residents to lose their homes. Sullivan Papain brought suit against the authority and its contractors on behalf of 40 such residents. But the utilities said they were acting in a “governmental function” and, thus, were above the law.
Justice Beatrice Siegel rejected the utilities claim. And in a landmark 2016 decision, the New York State Supreme Court Appellate Division upheld her ruling and Sullivan Papain’s case. The Court, in its decision, said: “The functions of electric utilities in the ordinary course of providing electricity and in responding adequately to a hurricane are both part of the proprietary core functions of their business … Simply put, the appellants have not established that their decision not to de-energize the Rockaway Peninsula involved governmental function powers.”
Awards and Recognition
The Best Lawyers in America®, Lawyer of the Year 2014, 2025 for the New York City area for Plaintiffs’ Personal Injury
(AV®) from Martindale-Hubbell Peer Review Ratings (highest possible peer rating for legal ability and ethical standards for the last 25 years)
Top 100 Attorneys, New York Metro Area, 2011, 2019, 2021
Super Lawyers Appellate Attorney 2008-2024
Education
New York University School of Law • JD 1979
Union College • B.S 1976
Professional Associations
Office of Court Administration’s Advisory Committee for Civil Practice , Member
American Academy of Appellate Lawyers, Member
New York State Trial Lawyers Association
Selected Publications
Mr. Shoot is a regular columnist for the New York Law Journal, writing 50 plus articles and a quarterly column. He has published numerous articles in the Albany Law Review, Trial Lawyers Quarterly, and the New York State Trial Lawyers Association’s Bill of Particulars.
- NEW YORK LAW JOURNAL: TWO LABOR LAW RULINGS IN MINIATURE
- SHOOT DECISIONS 2016 LABOR LAW OUTLINE
Extracurricular
Mr. Shoot is married and has a daughter. In his spare time, he enjoys skiing and chess.