MEMORANDUM AND ORDER
WEXLER, District Judge.
In this diversity case Plaintiffs seek damages arising from an on the job accident suffered by Plaintiff Richard Shannon. Richard Shannon ("Plaintiff" or "Shannon") seeks damages for shoulder and knee injuries. His wife, Joan Shannon, seeks damages for loss of consortium. Plaintiffs set forth claims in common law negligence as well as claims pursuant to the New York Labor Law. Presently before the court...
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