Daniel E. Kelly joined Rosenberg & Estis, P.C. in 2022 and is an Associate with the firm's Litigation Department.
Kelly's practice primarily focuses on immigration law and commercial litigation, including real property disputes, estates, securities and corporate matters. He also has experience with insurance litigation and construction litigation. During his career, Kelly's practice has also included general criminal defense in New York and New Jersey, internal investigations and white collar litigation.
During law school, Kelly interned with the Honorable Dennis M. Kavanaugh (ret.), a United States District Court Judge for the District of New Jersey and the New York State Appellate Division. Additionally, he was a Legal Intern and Public Interest Fellow at the Kings County District Attorney's Office. He was a Senior Associate Editor of the Rutgers Race and the Law Review, was nominated for criminal law honors and received a Pro Bono Service Award upon graduation. Kelly has published two law review articles regarding constitutional law and criminal procedure and an article discussing immigration law.
Prior to law school, Kelly attended Baruch College-City University of New York, double majoring in Philosophy and Political Science and earning Honors and Distinction upon graduation. Between college and law school, Kelly worked as a Paralegal in the Special Litigation Unit of the New York City Law Department.
Prior to joining Rosenberg & Estis, Kelly was an Associate with Robinson Brog, P.C.
- Successfully defeated a Third-Party Defendant's motion to dismiss an indemnity claim brought by an insured against his insurance broker, even though insured had executed the insurance applications at issue. Prepared all opposition papers and conducted oral argument.
- Represented Plaintiff in the Civil Court, the Appellate Term and the Appellate Division in a commercial landlord-tenant action, prevailing at each level and compelling tenant to surrender the subject premises.
- Prepared pleadings in connection with a client's complex breach of contract action, arguing that Defendant was liable under the terms of the agreement and applicable law. The matter was promptly resolved on favorable terms.
- Represented the proponent of a will in a contested and contentious probate proceeding involving an estate worth in excess of 40 million dollars. Respondent alleged decedent lacked testamentary capacity and Petitioner exerted undue influence in connection with testator's Last Will and Testament. Matter was successfully resolved on favorable terms after extensive disclosure under Section 1404 of the Surrogate's Court Procedure Act, which facilitated the Will being admitted to probate.
- Prepared and filed an Article 78 Petition on behalf of a client against the New York State Department of Taxation and Finance, arguing that relevant records had been inappropriately withheld in connection with an audit.
Areas Of Practice
- New York, 2016
- New Jersey, 2015
- Rutgers University School of Law, Newark, New Jersey
- J.D. - 2015
- Honors: NYU Public Interest Fellowship (Kings County DA); Rutgers Race and the Law Review, Senior Editor
- Baruch College - City University of New York
- B.A. - 2010
- Honors: Four Year College Dean’s List Honors, Three-time NCAA Academic-All Conference Athlete (Baseball)
- “Rosario, Vilardi, and Their Progeny: Do They Hold Rogue Prosecutors Accountable and Bring Justice to the Wrongfully Convicted?” 74 Nat’l Law. Guild Rev. 147, 2017
- “Substantive Due Process: The Trojan Horse of Judicial Legislation,” 51 J. Marshall L. Rev. 261, 2018
- Teaching Assistant: United States Immigration Law and Policy (Baruch College- City University of New York. Fall, 2010)
Professional Associations and Memberships
- New York State Bar Association
- New York City Bar Association
Pro Bono Activities
- Represented several pro bono clients with respect to immigration matters and as criminal defense counsel.