GORGONIO BALBUENA et al., Appellants,
v.
IDR REALTY LLC et al., Respondents and Third-Party Plaintiffs.
TAMAN MANAGEMENT CORP., Third-Party Defendant-Respondent.
ELIOT SPITZER, as Attorney General of the State of New York, Intervenor-Appellant.
STANISLAW MAJLINGER, Respondent,
v.
CASSINO CONTRACTING CORP. et al., Appellants, et al., Defendants. (And a Third-Party Action.)
ELIOT SPITZER, as Attorney General of the State of New York, Intervenor-Respondent.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued and submitted January 11, 2006.
Decided February 21, 2006.
Attorney(s) appearing for the Case
Trolman, Glaser & Lichtman, P.C., New York City (Michael T. Altman and Jeffrey A. Lichtman of counsel), for appellants in the first above-entitled action.
Eliot Spitzer, Attorney General, New York City (Caitlin J. Halligan, Patricia Smith, Seth Kupferberg and Richard Dearing of counsel), for intervenor-appellant in the first above-entitled action.
Malapero & Prisco, LLP, New York City (Francesca E. Connolly of counsel), for respondents in the first above-entitled action.
Smith & Laquercia, LLP, New York City (Reed M. Podell and Edwin L. Smith of counsel), for third-party defendant-respondent in the first above-entitled action.
Fiedelman & McGaw, Jericho (Andrew Zajac, Douglas J. Hayden, Dawn C. DeSimone, Rona L. Platt, Paul L. Isaacson and Ross P. Masler of counsel), for Defense Association of New York, Inc. and another, amici curiae in the first above-entitled action.
Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success (Steven J. Ahmuty, Jr., Timothy R. Capowski and Christopher Simone of counsel), Daniel J. Popeo, Washington, D.C., Richard Samp and Sherman Joyce for Washington Legal Foundation and another, amici curiae in the first above-entitled action.
Amy Sugimori, New York City, and Catherine Ruckelshaus for National Employment Law Project and another, amici curiae in the first above-entitled action.
Meyer, Suozzi, English & Klein, P.C., New York City (Anne Marie O'Donovan of counsel), for James Atleson and others, amici curiae in the first above-entitled action.
Muzaffar Chishti, New York City (Michael J. Wishnie of counsel), and Clifford Chance LLP (Joel M. Cohen and Angelique M. Shingler of counsel) for Associated Corset and Brassiere Manufacturers, Inc. and others, amici curiae in the first above-entitled action.
Miguel G. Ortiz, Selkirk, for Albany/Capital District Chapter of the Labor Council for Latin American Advancement, amicus curiae in the first above-entitled action.
O'Dwyer & Bernstien, LLP, New York City (Brian O'Dwyer of counsel), for Emerald Isle Immigration Center, and another, amici curiae in the first above-entitled action.
Smith & Laquercia, LLP, New York City (Reed M. Podell and Edwin L. Smith of counsel), for Cassino Contracting Corp. and another, appellants in the second above-entitled action.
Mischel & Horn, P.C., New York City (Scott T. Horn of counsel), and DeCicco Gibbons & McNamara, P.C. for Jack Thaon and others, appellants in the second above-entitled action.
Faden & Goldmacher, Westbury (Beth J. Goldmacher of counsel), and Jacobson & Schwartz, Rockville Centre (Henry J. Cernitz of counsel), for D & Sons Construction Corp., appellant in the second above-entitled action.
Pollack, Pollack, Isaac & De Cicco, New York City (Brian J. Isaac of counsel), for respondent in the second above-entitled action.
Eliot Spitzer, Attorney General, Albany (Daniel Smirlock of counsel), for intervenor-respondent in the second above-entitled action.
Chief Judge KAYE and Judges G.B. SMITH, CIPARICK and ROSENBLATT concur with Judge GRAFFEO; Judge R.S. SMITH dissents and votes to reverse in a separate opinion in which Judge READ concurs.
Court of Appeals of the State of New York.
OPINION OF THE COURT
GRAFFEO, J.
Plaintiffs, who are not United States citizens or lawfully admitted resident aliens, allege that they were injured while working on construction sites and have commenced personal injury litigation predicated on defendants' purported violations of the state Labor Law. The issue before us is whether plaintiffs' status as aliens who are not legally authorized to work in the United...
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