Collins v. New York City Health & Hosp. Corp

In Collins v. New York City Health & Hosp. Corp., (151 Misc. 2d 270 [Sup Ct, Queens County 1992]) the Queens County Supreme Court held that the family of an illegal alien could not recover any lost wages in a wrongful death action inasmuch as he was "illegally employed." However, the Appellate Division reversed and held that the issue of the plaintiff's status, the length of time that he might have continued to earn wages in the United States, notwithstanding his illegal status and the potential for deportation, were all issues that a jury could use to determine lost wages (Collins v. New York City Health & Hosp. Corp., 201 A.D.2d 447 [2nd Dept 1994]).