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CANO v. MALLORY MGT.

195 Misc.2d 666 (2003)

760 N.Y.S.2d 816

WILBERT CANO, Plaintiff, v. MALLORY MANAGEMENT et al., Defendants.

Supreme Court, Richmond County.

April 10, 2003.

Attorney(s) appearing for the Case

Richard Babinecz for Con Edison, defendant.

Barry, McTiernan & Moore for Mallory Management, defendant.

Nassy & Hill for plaintiff.

OPINION OF THE COURT

JOSEPH J. MALTESE, J.

The defendant, Con Edison, moved to dismiss the plaintiff's negligence action based on the fact that he is an illegal immigrant. This court has denied that application.

On March 27, 2002 the United States Supreme Court held in Hoffman Plastic Compounds v National Labor Relations Bd. (535 U.S. 137 [2002]) that workers who were illegal immigrants could not sue in the...

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