Balbuena v. IDR Realty LLC

No. 19 (N.Y. Ct. of App. February 21, 2006); Clearinghouse Number: 55834

Description

Immigration Reform and Control Act Preempts State Tort Recovery for Lost Earnings Based on Undocumented Employee’s Potential U.S. Earnings

Abstract

In a companion case to Sanango v. 200 East 16th Street Housing Corporation (Clearinghouse No. 55,833), the New York Supreme Court, Appellate Division, limited an undocumented worker’s recovery for lost earnings in a tort case to wages that plaintiff, but for his injuries, would have been able to earn in his home country. The court granted third-party defendant management company’s motion for partial summary judgment dismissing plaintiff injured worker’s lost-earnings claim to the extent that the claim sought damages based on wages that plaintiff might have earned illegally in the United States. For an explanation of its reasoning and analysis of the impact of the Immigration Reform and Control Act on state tort law, the court referred to the Sanango decision.

Additional Information

Attorney Information
Appellant represented by Reed M. Podell, Smith & Laquercia LLP, New York.
Docket Date
2006-02-21 06:00:00+00:00