Kenneth McLellan

Practice Areas:

Professional Liability Litigation, Architects & Engineers Malpractice Defense, Legal Malpractice Defense, Directors & Officers Defense, Insurance Agent and Broker Errors and Omissions Defense, Accounting Malpractice Defense, Construction Defect Litigation, Personal Injury Defense, Property and Casualty Defense, Premises Liability Defense, Commercial and Business Litigation, Health Care Provider Litigation, Outside General Counsel Services
Office Locations: New York and New Jersey
Tel: New York: (212) 221-6900
New Jersey: (201) 633-3630
Fax: New York: (212) 221-6989
New Jersey: (201) 633-3631


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Kenneth A. McLellan is a partner of Winget, Spadafora & Schwartzberg, LLP. His practice area focuses primarily on professional liability litigation, including defense of claims against architects & engineers, attorneys, financial services professionals and healthcare professionals. Mr. McLellan has also defended Directors and Officers of corporations. In addition, he has defended clients in connection with claims of wrongful death and catastrophic personal injury.

Mr. McLellan is a 1991 graduate of Fordham University, where he earned his B.A. in political science. He attended Touro Law School receiving his J.D. in 1995.

Mr. McLellan is admitted to practice law in New York and New Jersey, the United States District Courts for the Southern, Eastern and Western Districts of New York, the District of New Jersey and the United States Court of Appeals for the Second Circuit.

Representative Decisions

  • Boykin v. 1 Prospect Park ALF, LLC, 993 F. Supp. 2d 264, (EDNY 2014)
  • Board of Managers of the 129 Lafayette Street Condominium v. 129 Lafayette Street, LLC, ETNA Consulting Structural Engineering, P.C., 2013 N.Y. Misc. LEXIS 4388; 2013 NY Slip Op 32332(U) (Sup. Ct. New York County 2013)
  • Temperino v DRA, Inc., 75 A.D.3d 543, (2nd Dept. 2013)
  • Peter F. Gaito Architecture, LLC, v. Simone Dev. Corp., 602 F.3d 57, (2nd Cir. 2010)
  • Morris County Cardiology Consultants, PA v. Northwestern Mut. Life Ins. Co., 2009 U.S. Dist. LEXIS 86768, (D. NJ 2009)
  • First Am. Title Ins. Co. v. Fiserv Fulfillment Servs., 2008 U.S. Dist. LEXIS 63010, (SDNY 2008)


Conference Speaker

  • ExecuSummit's E&O Conference, Loss Mitigation and Climate Change Claims , June 2015
  • ExecuSummit's E&O Conference, Trends in Architects and Engineers , June 2013