MMP&S Wins Appeal Upholding Unanimous Defense Verdict in Labor Law Trial

Appellate partner Lorin Donnelly prevailed on a years’ long appeal by plaintiff of a unanimous defense verdict obtained in March 2019 by trial partner Donna Pascucci Day. The underlying jury trial took place in New York State Supreme Court, Kings County (Brooklyn) before Judge Edgar Walker. The case involved personal injuries allegedly sustained by plaintiff at a construction site during the course of his employment as a plumber. At trial, the six-person jury rejected plaintiff’s arguments of violations of the New York State Labor Law and Industrial Code and found in favor of the defendants. The crux of plaintiff’s arguments on appeal was whether a portion of an incident report was improperly excluded from evidence by Judge Walker as inadmissible hearsay. Lorin and her team successfully argued that the incident report was properly excluded from evidence by the lower court judge, and the Appellate Division, Second Department issued a decision affirming the underlying defense verdict.


Practice Area

Appellate Practice

Construction Accidents & NY Labor Law