Plaintiff Discontinues Labor Law and Electric Shock Claims Against New York Contractor
Case Study

Plaintiff Discontinues Labor Law and Electric Shock Claims Against New York Contractor

July 27, 2020

A large regional contractor was released from litigation arising out of a seven-party New York Labor Law claim tied to work on a Manhattan hotel property when the plaintiff discontinued the action—prior to depositions and before full briefing on a motion for summary judgment—saving the client considerable litigation expense.

This action arose from Labor Law claims by an employee of the hotel who allegedly suffered an electric shock and orthopedic injuries on a scaffold at the property. The plaintiff alleged burn injuries and claimed to have undergone a left shoulder arthroscopic synovectomy.

Representing the electrical contractor alleged to have caused the claimed burn injuries, Goldberg Segalla’ s Jack L. Cohen amassed evidence prior to depositions documenting that the relevant electrical work by the client took place several floors below the plaintiff’s claimed site of injury—and after the date of incident. These included adverse admissions from the plaintiff made during his workers’ compensation proceedings, and in response to other parties’ discovery demands. Faced with our motion for summary judgment, the plaintiff agreed to discontinue his claims, sparing our client the costs of further litigation, and amicably resolving an outstanding tender of defense and indemnity by the co-defendants.


Jack L. Cohen is a proven trial attorney with nearly four decades of experience representing major corporations and professionals in construction, banking, realty, insurance, health care, and other industries. Jack has successfully tried multiple cases involving New York Labor Law, products liability, traumatic brain injuries, premises liability, personal injury, infectious disease, property damage arising from fire, and actions resulting from the interstate carriage of goods. He also counsels and defends employers, financial advisors, accountants, board members of homeowner associations, architects and engineers, and other professionals in a range matters spanning general liability, professional liability, directors and officers (D&O) liability, accounting malpractice, fair housing, and employment discrimination.