The Appellate Division, First Department recently granted the New York Attorney General’s and the plaintiff’s motion for leave to appeal to the New York Court of Appeals in Balbuena v. IDR Realty LLC.  I have posted here and here, the appeal addresses whether an undocumented alien may recover future lost wages that he or she would have earned in the United State but for his or her injuries incurred within the scope of employment in the United States.

In an odd twist of events, the New York Attorney General moved to intervene in Balbuena and Sanango v. 200 E. 16th St. Hous. Corp. — an appeal addressing the same issue — after the First Department had decided the appeals.

Thank you to Reed Podell for calling my attention to the First Department’s decision on the motions.