New York Court of Appeals
Gorgonio Balbuena, Appellants v. IDR Realty LLC, Respondents and Third-Party Plaintiffs. Taman…
February 21, 20066 N.Y.3d 338
Summary
The New York Court of Appeals held that federal immigration law does not preempt New York Labor Law claims for lost wages by undocumented workers injured on construction sites, reversing the Appellate Division in Balbuena and affirming it in Majlinger. The Court reasoned that IRCA does not forbid civil recovery in personal injury actions and that precluding such recovery would undermine the purposes of the state labor statutes.