There has yet to be applicable authority from the Appellate Division Departments on whether an illegal alien may commence an action for injuries and seek future lost earnings in New York (see prior post on this issue).  Celi v. 42nd Str. Dev. Project, Inc. is a Supreme Court, Kings County (Schmidt, J.), in which the Court held that the Supreme Court of United States decision in Hoffman Plastic v. Nat’l Labor Relations Bd. did not preclude the plaintiff’s lost earning claims.  The New York Bar is anxiously awaiting the First Department’s decision in Balbuena v. IDR Realty Inc. to sort out this issue.