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ANGAMARCA v. NYC PARTNERSHIP

Nos. 3451, 115471/04, 590327/05, 590842/06.

87 A.D.3d 206 (2011)

927 N.Y.S.2d 2

Jorge ANGAMARCA, Respondent-Appellant, et al., Plaintiff, v. NEW YORK CITY PARTNERSHIP HOUSING DEVELOPMENT FUND, INC., et al., Defendants, and JEFFERSON TOWNHOUSES, LLC, Appellant-Respondent. (And Other Actions.).

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

June 21, 2011.

Attorney(s) appearing for the Case

Duane Morris LLP, New York City ( Thomas R. Newman of counsel), and Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, White Plains ( Phillip A. Tumbarello and Joseph McGovern of counsel), for appellant-respondent.

Pollack Pollack Isaac & De Cicco, New York City ( Brian J. Isaac of counsel), Law Offices of Michelle S. Russo , P.C., Port Washington ( Michelle S. Russo of counsel), and Davis, Saperstein & Salomon, PC, New York City ( Marc C. Saperstein of counsel), for respondent-appellant.

CATTERSON and DEGRASSE, JJ., concur with RENWICK, J.; TOM, J.P., and SAXE, J., dissent in part in a separate opinion by Tom, J.P.

OPINION OF THE COURT

RENWICK, J.

This action arises out of a construction site accident. Plaintiff, an undocumented alien from Ecuador, emigrated to the United States in 2001. In 2002, plaintiff was hired as a construction worker by third-party defendant Roadrunner Construction Corp., despite its knowledge of his immigration status. Roadrunner never requested a Social Security number from plaintiff and paid...

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