Gary Certain

Mr. Certain is a trial lawyer and partner at the law firm of Certain & Zilberg with over two decades of litigation experience. Mr. Certain is known for his compassionate advocacy, extensive preparation, analytical approach and relentless determination. Mr. Certain has taken over a hundred cases to trial, prevailing in the vast majority of those cases. Mr. Certain has obtained numerous multi-million dollar, million, and high six figure awards on behalf of his products liability, personal injury, and civil rights clients. His advocacy has caused the removal and redesign of many unsafe and dangerous products and helped to change safety procedures and law enforcement policies.

Mr. Certain has received national recognition as a talented and top rated advocate, receiving recognition and awards from Super Lawyers, the New York Magazine’s Leader in The Law – Million Dollar Circle, National Trial Lawyers Association as a “Top 100 Plaintiffs’ Trial Lawyer,” as a recipients of the “Top 100 Black Lawyer“ award from the National Black Lawyers Association, Million Dollar Advocates Forum Member, 5 Star Martindale-Hubble Peer Review Rating, 10 out of 10 Superb Attorney rating from AVVO and a “Top 1% Car Accident Lawyer Award,” based on an independent survey comparing injuries to awards recovered.

Mr. Certain earned his law degree from the Georgetown University Law Center in 1993 and a Bachelor of Arts degree, with honors, from Niagara University where he served as Student Government Association President and as a legislative advocate for the New York State Association of Private Colleges and Universities.

Gary Certain found his calling as a trial attorney as a standout participant in mock trial advocacy competitions throughout high school and college. In law school, Mr. Certain further developed his advocacy skills by serving in a legal clinic program, representing indigent clients in civil actions before the Superior Court of the District of Columbia.

After law school, Mr. Certain served as a New York City Assistant District Attorney where he earned a reputation for integrity, compassion and effective advocacy.

Since 1996 Mr. Certain has devoted his practice to litigating matters on behave of those who have suffered as a result of defective products, serious transportation and fall injuries, wrongful death, burn injuries, construction accidents, civil rights and police brutality.

Mr. Certain also has extensive experience in adeptly handling high profile, media sensitive cases. He has privately, discreetly and successfully handled matters involving celebrity clients including prominent political, sports, television and modeling figures. In addition, Mr. Certain has served as an adviser and counsel to political candidates in congressional, gubernatorial and attorney general campaigns. Gary Certain has also served as a legal analyst for the television show Celebrity Crime Files.

Mr. Certain is licensed to practice law before all Courts of the State of New York, the Federal District Courts for the Southern and Eastern Districts of New York as well as the United States Court of Appeals for the Second Circuit and has successfully argued appeals before the First and Second Department Appellate Divisions as well as the United States Court of Appeals for the Second Circuit.

Gary Certain is a member of a family with a proud and centuries-long tradition of fighting for justice that predates the modern civil rights movement, including his Great-Great-Grandfather, the Rev. William D. Certain, A.M.E., a vociferous opponent to Jim Crow Laws in the late 1800s and early 1900s, and his Great Uncle Jeremiah Certain who served as the First Vice-President of Marcus Garvey’s Universal Negro Improvement Association (UNIA) 1917-1919.

You can reach Gary Certain at the law firm of Certain & Zilberg, PLLC, located at 909 Third Avenue, 28th Floor, New York, New York, 10022, by telephone at 212-687-7800 or by email at: gcertain@certainlaw.com.

Notable Reported Decisions:

Henry v. Rehab Plus, Inc., 404 F. Supp. 2d 435 (E.D.N.Y. 2005) A seminal decision establishing a cause of action in products liability for a product’s injurious creation of a false sense of security. It is also a principal case cited by Federal and State Courts, The New York Attorney General and Consumer Law publications for the proposition that omitted information may serve as a basis for consumer product fraud claims.

Brown v. City of New York, 50 AD3d 937 (2nd Dep’t 2008) In sustaining a 1,150,000 dollar award obtained by Gary Certain and Michael Zilberg at trial, the Appellate Division held the award was not excessive for a spinal herniation with a medical recommendation for future surgery. The appeal resulted in the accumulation of more than $150,000 dollars in interest on the original award.

Bak, et al. v. Metro-North Railroad Company, et al, 100 F.Supp.3d 331 (S.D.N.Y 2015)

Bent v Sears, Roebuck, & Co. 127 A.D.3d 540 (1st Dept., 2015)

Bak v. Metro-North R.R. Co., 15-1963-cv (2d Cir. May. 24, 2016)