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The law with respect to the recovery of lost wages by undocumented workers injured in accidents at construction sites in New York is gradually evolving. In the landmark decision Balbuena v. IDR Realty LLC, 6 N.Y.3d 338, 812 N.Y.S.2d 416 (2006), New York's highest court, the Court of Appeals, held that such wage claims are generally permissible. However, there were issues raised in Balbuena that are now being addressed in more detail by the courts.
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