Jay A. Potter Partner




Jay Potter focuses his trial practice on the defense of all types of negligence-based lawsuits in New York state and federal courts. Jay has extensive experience with complex, high-exposure construction accident, premises liability, product liability, property damage and professional negligence claims in matters involving personal injury. His practice also encompasses contractual disputes as well as contract review on behalf of his clients.

A significant portion of Jay’s practice involves the representation of owners, contractors and design professionals in construction-site litigation. Through his experience, he is familiar with the intricacies of New York State Labor Law. Jay’s construction litigation includes the defense of clients under insurance wrap-up programs as well as more traditional scenarios in which contractors are responsible for carrying their own insurance. Jay also regularly represents property owners and commercial tenants in premises liability matters.

Jay began his practice in Boston and is an active member of the Massachusetts Bar as well as the New York Bar. Jay’s litigation approach reflects his clients’ desire for a high level of responsiveness, thorough analysis of claims and identification of opportunities for early resolution. An experienced trial attorney, Jay is adept at obtaining defense verdicts and favorable pre-trial results on behalf of his clients. He won awards at the national level in forensics and trial practice prior to becoming an attorney, including a 1996 Parliamentary debate and Lincoln-Douglas National championship.

View Jay's exemplar trial experience.

Areas of Focus

In his construction practice, Jay represents insurers and companies in all phases of litigation, from inception through trial and appeal. He has tried construction cases on issues of both liability and damages. Jay also handles cases under insurance wrap-up programs for various construction projects, as well as more traditional scenarios in which contractors are responsible for carrying their own insurance.

Jay represents all parties involved in the design, development, construction, demolition, renovation and rehabilitation of properties as well as the service and maintenance of all aspects of commercial and residential development. He has represented numerous such parties in connection with a full range of claims, including personal injury, construction defect and breach of contract. Jay’s specialized knowledge of the development and maintenance of properties has enabled him to effectively defend his clients in all areas of potential litigation as warranted by their businesses.

Representative Matters

In Cappabianca v Skanska USA Bldg. Inc., 99 A.D.3d 139 (N.Y. App. Div. 1st Dep't 2012), successfully defeated plaintiff’s Labor Law §240 and §200 and general negligence claims at the summary judgment stage. Arguments were relied upon and upheld by the First Department upon appeal.

Won defense verdict in New York Supreme Court on behalf of a general contractor on plaintiff’s Labor Law §200 claims after successfully defeating plaintiff’s product liability claims via pre-trial and dispositive motions.

Represented owner and general contractor of construction site where two plaintiffs fell 30 feet from a ladder, suffering significant injuries. Successfully defeated plaintiff’s motion for summary judgment asserting liability against clients, pursuant to New York State Labor Law §240. Pursued and obtained indemnity from plaintiff’s employer before trial.

Represented a subcontractor of a construction site where the plaintiff was injured during a routine inspection of the project. Identified issues with the contract and successfully defeated the indemnification claims. The co-defendants eventually paid entire pre-trial settlement figure to the plaintiff.