Mazur v. Rock-McGraw, Inc.
Decision Date | 12 January 1998 |
Docket Number | ROCK-M |
Citation | 246 A.D.2d 515,666 N.Y.S.2d 939 |
Parties | 1998 N.Y. Slip Op. 128 Krzystof MAZUR a/k/a Czeslaw Cybula, Plaintiff-Respondent, v.cGRAW, INC., Defendant Third-Party Plaintiff-Respondent; Jarstan, Inc., Third-Party Defendant, Second Third-Party Plaintiff-Respondent; Advatex Association, Inc., Second Third-Party Defendant-Appellant. |
Court | New York Supreme Court — Appellate Division |
Babchik & Mond, New York City (Norman R. Ferren, of counsel), for second third-party defendant-appellant Advatex Association, Inc.
Schneider, Kleinick, Weitz, Damashek & Shoot, New York City (Brian J. Shoot and Harry Steinberg, of counsel), for plaintiff-respondent.
In an action to recover damages for personal injuries, the second third-party defendant Advatex Association, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Garson, J.), dated November 13, 1996, as denied its motion for summary judgment dismissing the second third-party complaint.
ORDERED that the order is affirmed insofar as appealed from, with costs.
Under the circumstances presented, neither the plaintiff's allegedly improper conduct in obtaining his employment nor his status as an illegal alien constitutes a bar to the maintenance of the instant suit for personal injuries based on asserted violations of Labor Law §§ 240, 241 (Avendano v. Sazerac, Inc., 221 A.D.2d 395, 634 N.Y.S.2d 390; Collins v. New York City Health & Hosps. Corp., 201 A.D.2d 447, 607 N.Y.S.2d 387; Public Adm'r of Bronx County v. Equitable Life Assur. Socy. of U.S., 192 A.D.2d 325, 595 N.Y.S.2d 478; see also, Barker v. Kallash, 63 N.Y.2d 19, 24-26, 479 N.Y.S.2d 201, 468 N.E.2d 39; Margolin v. Friedman, 43 N.Y.2d 982, 983, 404 N.Y.S.2d 553, 375 N.E.2d 734; Torres v. Hallen Constr. Corp., 226 A.D.2d 364, 640 N.Y.S.2d 244; Mischalski v. Ford Motor Co., 935 F.Supp. 203, 205-207).
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Madeira v. Affordable Housing Foundation, Inc.
...§ 240(1); it specifically extends the protections of that law to injured undocumented workers. See Mazur v. Rock-McGraw, Inc., 246 A.D.2d 515, 515, 666 N.Y.S.2d 939, 939 (2d Dep't 1998) (collecting cases); see also Balbuena v. IDR Realty LLC, 6 N.Y.3d at 358, 812 N.Y.S.2d at 427, 845 N.E.2d......
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Madeira v. Affordable Housing Foundation, Inc.
...(plaintiff's status is not a bar to recovery, but may be a factual item to be presented to the jury); Mazur v. Rock-McGraw, Inc., 246 A.D.2d 515, 666 N.Y.S.2d 939 (2d Dep't 1998)(neither plaintiff's improper conduct in obtaining his employment nor his status as an illegal alien bar the main......
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Asgar-Ali v. Hilton Hotels Corp., 2004 NY Slip Op 51061(U) (NY 8/6/2004)
...of Bronx County v. Equitable Life Assurance Society of the United States, 192 A.D.2d 325, 325-26 (1st Dept. 1993); Mazur v. Rock-McGraw, Inc., 246 A.D.2d 515 (2nd Dept. 1998); Cano v. Mallory Management, 195 Misc. 2d 666 (Sup. Ct. Richmond Co. 2003); see also Collins v. New York City Health......
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