Barclay Damon
Barclay Damon

Gary H. Abelson

Gary H. Abelson


p: 585-295-4412

f: 585-295-8411

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Rochester Office

2000 Five Star Bank Plaza
100 Chestnut Street
Rochester, New York 14604

Gary Abelson has spent his entire career concentrating his practice in all aspects of insurance litigation, representing carriers and their insureds in all types of matters. In recent years, Gary has focused on catastrophic injury cases including traumatic brain injuries as a result of automobile accidents and industrial accidents. In addition, Gary has also been involved in significant lead paint litigation representing landlords in claims of exposure of children to lead at rental properties.

Representative Experience

  • Outside counsel to numerous national insurance companies representing their insureds in all types of litigated matters. 
  • Defense of landlords in numerous lead paint lawsuits claiming cognitive and behavioral issues to children throughout Upstate New York.
  • Successfully argued before the Court of Appeals in Giles v. Yi 23 NY 3d 592 (companion case to Hamilton v. Miller) that plaintiff counsel in lead poisoning cases must produce medical reports in accordance with 22 NYCRR 202.17 (b) (1) before defendants are required to schedule any Independent Medical Examinations.
  • Representation of hotels, restaurants and sports venues regarding injury claims of patrons. 
  • Defense of catastrophic injury cases involving allegations of traumatic brain injuries as a result of automobile accidents and construction claims. 

Practice Areas


  • Syracuse University College of Law, J.D., 1975
  • Hobart College, B.A., cum laude, 1972

Admitted To Practice

  • New York, 1976
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Western District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Central District of Illinois

Memberships & Affiliations

  • New York State Bar Association
  • Monroe County Bar Association
  • Claims & Litigation Management Alliance, Member

Speaking & Publications

  • Presenter "Summary Judgment Motion: Skirting the Pitfalls," Lead Litigation Conference, Naples, Florida, November 3, 2016
  • Presenter, "Case Law Spotlight and Update," Lead Litigation Conference, Boca Raton, Florida, November 5, 2015
  • "What Is An Elevation-Related Risk In The Wake Of Runner?" The Defendant, The Labor Law Issue, Winter 2014
  • Presenter, "Understanding & Applying Epidemiology Studies/What Constitutes an Injury," Lead Litigation Conference 2013, Naples, Florida, November 14, 2013 
  • Presenter, "Discovering the Keys to Winning Discovery Techniques," Lead Litigation Conference 2012, New Orleans, October 19, 2012
  • New York Motor Vehicle Accidents, by James Publishing, Editorial Board, June 2000


  • Selected by Peer Review for Inclusion in Super Lawyer Directory 2008-2017 for Torts & Products Liability Defense and Insurance Litigation
  • Martindale-Hubbell “BV” Peer Review Rated for High to Very High Ethical Standards and Legal Ability

Prior Experience

  • Hiscock & Barclay, LLP, Partner