In a lengthy decision, the Appellate Division, Second Department in Majlinger v. Cassino Contracting Co. reversed the Supreme Court, Richmond County determination and held that an illegal alien is entitled to recover lost earnings based on the wages he might have earned illegally in the United States.  This holding directly conflicts with two recent decisions in the Appellate Division, First Department — Sanango v. 200 E. 16th Str. Hous. Corp. and Balbuena v. IDR Realty Inc.   The Second Department rejected the notion that its holding was contrary to the Supreme Court of United States’ decision in Hoffman Plastic v. Nat’l Labor Relations Bd.  The New York Court of Appeals will have its chance to sort out this issue in the upcoming months (see post here).

See posts here, here, here, and here for a backdrop of this case.  Thank you Reed for the head’s up on the decision.