Angamarca v. New York City Partnership Housing Development Fund, Inc.

Tom, J.E (dissenting in part).

I respectfully take issue with the proposition expounded by the majority in this case that an alien worker’s lack of permanent resident status is immaterial to his recovery of the cost of future medical treatment. The majority’s conclusion that the immigration status of plaintiff is irrelevant to the award of damages for future medical expenses represents a wholly unwarranted extension of the Court of Appeals’ ruling in Balbuena v IDR Realty LLC (6 NY3d 338 [2006]). It is a plaintiffs burden in a personal injury action to establish all elements of his or her…