LEE v. MOTORS


57 A.D.3d 283 (2008)

868 N.Y.S.2d 666

HAN SOO LEE et al., Appellants, v. RIVERHEAD BAY MOTORS et al., Defendants, and RIVERHEAD POOH, L.L.C., et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

December 11, 2008.


While the trial court dismissed plaintiff Han Soo Lee's claim for lost wages on other grounds, it misrepresented the law when it suggested to the jury that plaintiff was precluded from recovering lost wages because of his immigration status (see Balbuena v IDR Realty LLC, 6 N.Y.3d 338, 362 [2006]). The court erred in failing to provide a curative instruction explaining that working in the United States without the proper documentation...

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