skip to main content
Harris Beach Murtha Attorneys at Law
Capabilities
People
main menu
Harris Beach Murtha Attorneys at Law
  • Capabilities
  • People
  • Capabilities
  • People
About
About
Inclusion and Engagement
Social Impact
Lateral Opportunities
About
Inclusion and Engagement
Social Impact
Lateral Opportunities
Resources
Insights
News
Events
Insights
News
Events
Careers
Contact
Offices

Andrew J. Orenstein

Member

aorenstein@harrisbeachmurtha.com
D: (212) 313-5473  
- Long Island, NY Office
- Newark, NJ Office
- New Haven, CT Office
- New York, NY Office
X-twitter
Address-card

< Swipe >

Andrew Orenstein
Profile
Representative Matters
Resources
Distinctions

Andrew is an experienced trial attorney who focuses on complex torts and toxic tort litigation, products liability and general commercial litigation.  He has litigated and tried cases in defense of municipalities and product manufacturers in courtrooms across New York state.  He represents the City of New York as outside counsel, appointed by the City of New York Law Department Office of the Corporation Counsel, in personal injury and property damage cases alleging negligent roadway design, supervision of children, construction project planning and execution, municipal use of force cases, as well as premises liability.  He has also represented financial institutions and borrowers in commercial litigation and a large chain retailer in a variety of litigation matters.  Andrew oversees the preparation of cases for trial, including the cultivation of expert witnesses and the litigation of complex Frye and Daubert issues.

Prior to joining Harris Beach Murtha, Andrew was senior counsel and trial attorney for the City of New York Law Department, Office of the Corporation Counsel, where he handled litigation in high-exposure tort claims against the City of New York.  He has extensive trial experience in defense of matters including premises liability, roadway design litigation, excessive force claims and other complex actions brought against a wide spectrum of New York City agencies, including the Department of Housing Preservation and Development, Health and Hospitals Corporation, Department of Education, New York City Police Department and Fire Department of the City of New York.

  • Represented a New York State County and Community College, achieving summary judgment case dismissal in a personal injury case where plaintiff was injured in a fall while working as an electrician on a movie production, on county property, pursuant to a municipal permit. Plaintiff alleged the incident occurred due to the negligence of Westchester County in its ownership, operation and control of the premises, as well as violations of Labor Law §§ 200, 240(1), 241(6), and sections of the Industrial Code of the State of New York. Successfully argued that the County did not supervise and control the permitted movie production. Also successfully argued that work on a movie set is not construction within the ambit of New York Labor Law.
  • Represented a large municipality and achieved a trial settlement in a case where plaintiff was struck by a branch that fell from a tree in a park, causing skull and facial fractures and traumatic brain injury. Argued that pursuant to New York law, a landowner’s duty is limited to identifying and remediating only outwardly visible indicia of the specific decay that allegedly caused the branch to fail and that alleged notice of other conditions of the tree or its environment are not legally sufficient notice.
  • Won dismissal of complaint in a municipal toxic exposure case in New York State Supreme Court, Bronx County by arguing plaintiff filed a late notice of claim because his cause of action accrued when he experienced symptoms and not when he obtained treatment or a diagnosis of toxic inhalation injury.  Case dismissed because a late notice of claim without leave of court is null and leave to file a late notice of claim cannot be granted after the statute of limitations expired. Decision upheld on appeal.

 

Insights
March 4, 2026

Amendment to the AVOID Act and Third-Party Litigation Practice

The amendment requires defendants to commence any third-party action within 90 days of serving its answer without an order of the court.
January 7, 2026

The AVOID Act: New Time Limits for Third-Party Litigation Practice

The effect of AVOID will be to ‘front load’ litigated matters by forcing defendants to swiftly implead other potentially culpable parties.
May 11, 2023

Fourth Department Applies Special Duty Rule to Child Victim Act Case

Fourth Department applies Special Duty Rule to determine if one is protected under the New York Child Victims Act.
January 31, 2023

New York Governor Vetoes Grieving Families Act and other Amendments to Expand New York’s Wrongful Death Cause of Action

Governor Hochul vetoed the NYS Grieving Families Act which would have overturned century-old law that bars plaintiffs in wrongful death suit
March 25, 2022

With Ferreira v. City of Binghamton, New York Court of Appeals Preserves Public Duty Rule

It has long been the rule in New York State that in order to hold a municipality responsible for injuries that arise from its performance of
January 6, 2022

The First Department’s Rejection of Spoliation Sanctions For Pre-IME Surgeries Jeopardizes Plaintiff’s Duty to Mitigate Damages

The Appellate Division, First Department of the New York State Supreme Court recently held that a personal injury plaintiff cannot be sancti
January 5, 2022

New CPLR Provision Expands “Speaking Authority” Relaxing Standard for Admissibility of Hearsay Statements by Employees

New York Governor Kathy Hochul signed into law an amendment to the CPLR that expands the admissibility of statements made by a party’s agent
May 14, 2021

No Good Deed Should Be Punished: Harris Beach Wins Summary Judgment Under Volunteer Protection Act

In Jeraci  v. Cooper et al., 2021 NY Slip Op 03025 (2d Dep’t May 12, 2021), the Appellate Division, Second Department of the New York State
News
October 30, 2025

29 Harris Beach Murtha Attorneys Selected to 2025 New York Metro Super Lawyers and Super Lawyers: Rising Stars Lists

Super Lawyers is a nationally recognized professional survey and ranking service of accomplished attorneys.
October 24, 2024

23 Harris Beach Attorneys Named in 2024 New York Metro Super Lawyers Edition

Harris Beach PLLC is pleased to announce that 23 of its attorneys have been named to the 2024 New York Metro Super Lawyers list. Attorneys
Events

Partner Andrew Orenstein Presenting at The County Attorneys’ Association of New York (CAASNY) Winter Meeting

December 4, 2023
Partner Andrew Orenstein will present on Oversight of Local Jails & Lockups Discussion items at the CAASNY Winter Meeting.

Andrew Orenstein and Bradley Wanner Presenting at The County Attorneys’ Association of the State of New York Annual Meeting

September 14, 2021
Andrew Orenstein and Bradley Wanner will present at the CAASNY 2021 Annual Meeting on September 14.
External Publications
May 1, 2022

Speaker: Municipal Tree Liability conference (The County Attorneys’ Association of the State of New York (“CAASNY”))

May 1, 2022

Lecturer: Understanding tree liability law and litigation of tree failure cases (Central Park Conservancy Arborist Meeting)

Lecturer: Notices of claim (County Attorneys Association of the State of New York’s 2019 Annual Meeting)

Lecturer: Defense of roadway design claims (County Attorneys Association of the State of New York’s 2018 Annual Meeting)

Prev ...1... Next

Professional and Civic

  • American Bar Association, member
  • Defense Research Institute, member

 

Recognition

  • Super Lawyers, State/Local/Municipal Law, 2015-2017 and since 2023
Admissions
ConnecticutNew JerseyNew YorkU.S. District Court, New JerseyU.S. District Court, New York - Eastern DistrictU.S. District Court, New York - Southern District
Education

Temple University School of Law

JD 
1996

Brandeis University

BA 
1992

Capabilities

Legal Practices

Member of:

Medical and Life Sciences
Appellate
Mass Torts and Industry-Wide Litigation
Product Liability and Comprehensive General Liability

Industry Teams

Member of:

Municipalities and Local Agencies
Harris Beach Murtha Attorneys at Law
  • Contact
  • Offices
  • Privacy Policy
  • Legal Disclaimer
  • Site Map
  • Contact
  • Offices
  • Privacy Policy
  • Legal Disclaimer
  • Site Map
Payment Portal
X-twitter Facebook Linkedin Instagram

Attorney Advertising. Prior results do not guarantee a similar outcome. © 2025 Harris Beach Murtha Cullina PLLC

TRUSTe
Harris Beach Murtha Attorneys at Law
Back to Top
Andrew Orenstein

Andrew J. Orenstein

Member

aorenstein@harrisbeachmurtha.com
Capabilities
People
Harris Beach Murtha Attorneys at Law
Andrew Orenstein

Andrew J. Orenstein

aorenstein@harrisbeachmurtha.com
D: (212) 313-5473
Long Island, NY Office
Newark, NJ Office
New Haven, CT Office
New York, NY Office

Profile

Andrew is an experienced trial attorney who focuses on complex torts and toxic tort litigation, products liability and general commercial litigation.  He has litigated and tried cases in defense of municipalities and product manufacturers in courtrooms across New York state.  He represents the City of New York as outside counsel, appointed by the City of New York Law Department Office of the Corporation Counsel, in personal injury and property damage cases alleging negligent roadway design, supervision of children, construction project planning and execution, municipal use of force cases, as well as premises liability.  He has also represented financial institutions and borrowers in commercial litigation and a large chain retailer in a variety of litigation matters.  Andrew oversees the preparation of cases for trial, including the cultivation of expert witnesses and the litigation of complex Frye and Daubert issues.

Prior to joining Harris Beach Murtha, Andrew was senior counsel and trial attorney for the City of New York Law Department, Office of the Corporation Counsel, where he handled litigation in high-exposure tort claims against the City of New York.  He has extensive trial experience in defense of matters including premises liability, roadway design litigation, excessive force claims and other complex actions brought against a wide spectrum of New York City agencies, including the Department of Housing Preservation and Development, Health and Hospitals Corporation, Department of Education, New York City Police Department and Fire Department of the City of New York.

Areas of Expertise

Legal Practices

Member of:

Medical and Life Sciences
Appellate
Mass Torts and Industry-Wide Litigation
Product Liability and Comprehensive General Liability

Industry Teams

Member of:

Municipalities and Local Agencies

Focuses

Please select listing to show.

Admissions

ConnecticutNew JerseyNew YorkU.S. District Court, New JerseyU.S. District Court, New York - Eastern DistrictU.S. District Court, New York - Southern District

Representative Matters

  • Represented a New York State County and Community College, achieving summary judgment case dismissal in a personal injury case where plaintiff was injured in a fall while working as an electrician on a movie production, on county property, pursuant to a municipal permit. Plaintiff alleged the incident occurred due to the negligence of Westchester County in its ownership, operation and control of the premises, as well as violations of Labor Law §§ 200, 240(1), 241(6), and sections of the Industrial Code of the State of New York. Successfully argued that the County did not supervise and control the permitted movie production. Also successfully argued that work on a movie set is not construction within the ambit of New York Labor Law.
  • Represented a large municipality and achieved a trial settlement in a case where plaintiff was struck by a branch that fell from a tree in a park, causing skull and facial fractures and traumatic brain injury. Argued that pursuant to New York law, a landowner’s duty is limited to identifying and remediating only outwardly visible indicia of the specific decay that allegedly caused the branch to fail and that alleged notice of other conditions of the tree or its environment are not legally sufficient notice.
  • Won dismissal of complaint in a municipal toxic exposure case in New York State Supreme Court, Bronx County by arguing plaintiff filed a late notice of claim because his cause of action accrued when he experienced symptoms and not when he obtained treatment or a diagnosis of toxic inhalation injury.  Case dismissed because a late notice of claim without leave of court is null and leave to file a late notice of claim cannot be granted after the statute of limitations expired. Decision upheld on appeal.

 

Distinctions

Professional and Civic

  • American Bar Association, member
  • Defense Research Institute, member

 

Recognition

  • Super Lawyers, State/Local/Municipal Law, 2015-2017 and since 2023
Attorney Advertising. Prior results do not guarantee a similar outcome. © 2026 Harris Beach Murtha Cullina PLLC
Content current as of October 13, 2026 3:24 am