Tracy J. Weinstein is an associate in the Litigation Services Department. She concentrates her practice on insurance defense matters, including labor law claims resulting from construction accidents, product liability and premises liability claims. She has also handled construction defect and property damage matters.
Ms. Weinstein regularly represents property owners, construction owners and subcontractors, electrical manufacturers, fitness equipment distributors and machine part manufacturers. She has state and federal trial experience, has mediated multi-million dollar cases, and has argued before the First Department Appellate Division.
Ms. Weinstein has prior experience in federal civil rights litigation, has handled intellectual property work in trademark protection and previously interned in the Commercial Division of the New York Supreme Court.
News & Publications
- NY Super Lawyers Named
- Tracy Weinstein Is Selected as a Civil Justice Fellow of Lawyers for Civil Justice
- Carl Schaerf and Tracy Weinstein Publish “New Strategies for Winning Dismissal of a Failure to Warn Claim”
- Schnader Welcomes Six Associates to its New York, Philadelphia and Pittsburgh Offices
- Preparing For and Trying the Civil Lawsuit
- 3D Printing – It Really Exists
Community & Pro Bono
- Ms. Weinstein’s pro bono work includes representing victims of domestic abuse in U-Visa immigration proceedings.
- For several years, she volunteered at the Holy Apostles Soup Kitchen, New York City’s largest emergency food program.
- Ms. Weinstein also serves as a volunteer to New York Law School’s Dispute Resolution Team.
- New York Law School, Juris Doctor, 2014, cum laude
- Binghamton University, B.A., 2010, (State University of New York), magna cum laude
- New York, 2014
- New York State Courts
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of New York
- New York City Bar Association, Mindfulness and Well-Being in Law Committee, Member
- Civil Justice Fellow, Lawyers for Civil Justice, 2019-present
- Named to “New York Super Lawyers Rising Stars,” 2019
- NCAA Division I Varsity Women’s Lacrosse
Results and Decisions
- Obtained summary judgment for an out-of-possession building owner in a slip and fall incident that occurred while a storm was in progress. The decision was affirmed after re-argument/renewal and was unanimously affirmed on appeal in the Appellate Division, First Department.
- Successfully mediated a multi-million dollar labor law claim in which plaintiff alleged he suffered from a traumatic brain injury after a fall from a work platform. Plaintiff was persuaded to settle based on a presentation of extensive medical research and an expert affidavit, which supported the argument that any cognitive issues he was experiencing were the result of CTE (chronic traumatic encephalopathy) related to his past professional athletic career.
- Successfully had claims discontinued against electrical manufacturer in an electric shock suit brought by two co-workers. Plaintiffs dropped all claims after receiving the summary judgment motion, which argued that plaintiffs did not follow the product warnings and that plaintiffs had no basis for which to say the product was defective because their purported expert testified that he had not performed any inspection or testing on the product.
- Won summary judgment on behalf of a gymnasium equipment distributor in a matter where plaintiff alleged the machine’s emergency stop was not in proper working condition. All claims against the manufacturer were dismissed after successfully arguing that the machine was consistent with the State of the Art, plaintiff read and understood all warnings and that an emergency stop was present and functioned properly.
- Won summary judgment on behalf of a sporting net installation company in an action where a plaintiff was golfing at an indoor facility and alleged that he was injured from a ball that ricocheted off of a ceiling beam, which he alleged tighter netting would have prevented. The Court agreed that the installation company performed its work according to the plans and specifications pursuant to its contract and dismissed all claims against the company.