Biography | Jay A. Potter

New York, NY

p. 212.915.5503

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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.

Areas of Focus

Construction
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.

Education

Pepperdine University School of Law (J.D., 2000)
University of Illinois at Urbana-Champaign (B.A.)

Bar Admissions

New York
Massachusetts

Court Admissions

U.S. Court of Appeals, First Circuit
U.S. District Court, District of Massachusetts

Awards & Honors

Selected for inclusion in The Best Lawyers in America®, 2026

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.

News Briefs

The Best Lawyers in America 2026 Includes 140 Wilson Elser Attorneys

August 21, 2025

News Briefs

Potter and Inderjit Secure Reimbursement of $250,000 in Fees and No Contribution to a Seven-Figure Settlement

August 22, 2022

News Briefs

Potter and Dhami Obtain Summary Judgment

November 8, 2019

Williams and Potter Secure Summary Judgment for Sign Repair Contractor

Jazmin Williams (Associate-White Plains, NY) and Jay Potter (Partner-New York, NY) obtained summary judgment in the Supreme Court of the State of New York, Nassau County, on behalf of Wilson Elser’s client, a sign repair company, securing dismissal of all claims and cross-claims. The team persuaded the court to reject the plaintiff’s metallurgical engineering expert’s opinions as speculative and unsupported by the evidence.

The plaintiff, a convenience store patron, alleged that a portion of a store sign fell and struck her head and neck, causing a traumatic brain injury and requiring a multi-level cervical fusion. She made a $10 million pre-motion settlement demand, and the store owner sought defense and indemnification from the client as well. Our client had been retained to perform limited repairs to the sign approximately 13 months before the accident. Through a careful analysis of the governing contracts and testimony from the co-defendants, Jazmin established that the client acted solely as an independent contractor with a narrowly defined scope of work. Further evidence demonstrated that the parties specifically negotiated a one-year warranty on the repairs. This record helped establish Wilson Elser’s prima facie argument that the client owed no duty to inspect or reassess the sign after its work was completed.

Jazmin meticulously prepared the client's witnesses for deposition and secured testimony confirming the owner's acceptance of the completed work. Combined with the defense expert's opinions, the court agreed that the evidence eliminated any triable issue of fact as to whether the sign was defective when the client completed its repairs more than a year before the incident.

Without evidence linking the client’s repair work to the sign failure, the plaintiff’s engineering expert lacked a factual basis to support his causation opinions. The court agreed with Wilson Elser’s arguments that the plaintiff’s expert’s opinions were based on speculation and conjecture, rejected them outright, and dismissed both the plaintiff’s negligence claims against the client and the contractual indemnification and contribution claims asserted by the co-defendants.

Jazmin R. Williams and Jay A. Potter