Partner Bob Cosgrove obtained a favorable result in a Queens, NY Labor Law trial. In the case of Carlos Garcia v. Mark Boccia, et al., the plaintiff was a contractor who was injured while working on renovations at the defendants’ summer home. Specifically, Garcia fell from a roof and suffered burst fractures that rendered him unable to ever again work. To get around the restrictions of NY’s Labor Law single-family homeowner exception, Garcia claimed that Boccia told him that he planned to rent the house out. During trial, we were able to bring the plaintiff’s credibility into serious question and also present collateral evidence (including defendant wedding pictures) that on the date of the accident, the defendants intended to live there (and not use it for any commercial purposes).

Before the trial before Judge Esposito began, plaintiff made a demand of $4,400,000. Right before summation on the liability phase of the trial, the case settled for $100,000.

For more information about this post please e-mail Bob Cosgrove.