Andrew C. Kaye secures voluntary discontinuance against plaintiff’s employer in Labor Law case in Supreme Court, New York County

June 24, 2024


Plaintiff was employed by GVK’s client when he was involved in a work-related accident while working on a project for Con Ed.  During discovery, we established through document responses and deposition testimony there was no written agreement between plaintiff’s employer and Con Ed. Citing the lack of a contract or grave injury, we moved for summary judgment arguing Workers’ Compensation Law § 11 prohibited Con Ed’s third-party claims against GVK’s. Despite a $4.5M demand by plaintiff, Con Ed conceded its claims against GVK’s client lacked merit and voluntarily discontinued its third-party action.