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MAJLINGER v. CASSINO CONTR.

25 A.D.3d 14 (2005)

802 N.Y.S.2d 56

STANISLAW MAJLINGER, Appellant, v. CASSINO CONTRACTING CORP. et al., Respondents, and JACK THAON et al., Defendants and Third-Party Plaintiffs-Respondents, et al., Defendants. ALUM-A-POLE CORP., Third-Party Defendant-Respondent. ELIOT SPITZER, as Attorney General of the State of New York, Intervenor.

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 19, 2005.

Attorney(s) appearing for the Case

Cardali & Cardali, P.C., New York City, and Pollack, Pollack, Isaac & DeCicco (Raymond C. Silverman and Brian J. Isaac of counsel), for appellant.

Smith & Laquercia, LLP, New York City (Reed M. Podell and Edwin L. Smith of counsel), for Cassino Contracting Corp. and another, respondents.

DeCicco Gibbons & McNamara, P.C., New York City, and Mischel & Horn, P.C. (Scott T. Horn of counsel), for Jack Thaon and others, defendants and third-party plaintiffs-respondents.

Jacobson & Schwartz, Rockville Centre (Henry J. Cernitz of counsel), for D & Sons Construction Corp., respondents.

Eliot Spitzer, Attorney General, New York City (Michael S. Belohlavek, M. Patricia Smith, Donya Fernandez, and Seth Kupferberg of counsel), intervenor pro se.

S. MILLER, RITTER and GOLDSTEIN, JJ., concur.

OPINION OF THE COURT

PRUDENTI, P.J.

This appeal requires us to decide whether a New York court's award of damages for lost wages to an undocumented alien injured in a workplace accident is preempted by federal immigration policy. We hold that an employer, general contractor, or property owner whose negligence or violation of New York's workplace safety statutes causes injury to a worker may not avoid liability...

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