COQUE v. WILDFLOWER ESTATES DEVELOPERS, INC.


58 A.D.3d 44 (2008)

867 N.Y.S.2d 158

LUIS COQUE, Appellant-Respondent, v. WILDFLOWER ESTATES DEVELOPERS, INC., et al., Respondents-Appellants. (And Third-Party Actions.) (Appeal No. 1.) LUIS COQUE, Respondent, v. WILDFLOWER ESTATES DEVELOPERS, INC., Defendant and Third-Party Plaintiff-Respondent, and CLASSIC CONSTRUCTION, Appellant. CITY WIDE BUILDING CORP., Third-Party Defendant-Respondent. (And Other Third-Party Actions.) (Appeal No. 2.)

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

November 12, 2008.


Attorney(s) appearing for the Case

Cardali & Cardali, P.C., New York City (Pollack, Pollack, Isaac & De Cicco [Brian J. Isaac] of counsel), for Luis Coque, appellant-respondent in appeal No. 1 and respondent in appeal No. 2.

Wilson, Elser, Moskowitz, Edelman & Dicker (Shaub Ahmuty Citrin & Spratt LLP, Lake Success [Steven J. Ahmuty, Jr., and Timothy R. Capowski] of counsel), for Wildflower Estates Developers, Inc., respondent-appellant in appeal No. 1 and defendant and third-party plaintiff-respondent in appeal No. 2.

Milber Makris Plousaidis & Seiden LLP, Woodbury (Lorin A. Donnelly of counsel), for Classic Construction, respondent-appellant in appeal No. 1 and appellant in appeal No. 2.

Petrocelli & Christy, New York City (Richard N. Petrocelli of counsel), for third-party defendant-respondent in appeal No. 2.

RITTER, FLORIO and McCARTHY, JJ., concur.


OPINION OF THE COURT

PRUDENTI, P.J.

Among the issues raised on this appeal is whether an undocumented alien who submitted a fraudulent Social Security card when applying for a job is barred, by virtue of that fact alone, from recovering damages for lost wages when he is injured in the performance of that job. We hold that a worker's submission of false documentation is sufficient to bar recovery of damages for lost...

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