Traub Lieberman congratulates Robert Leff and Sheryl Bruzzese on their successful motion to preclude plaintiff’s lost wage claim

May 13, 2008

The case of Macedo v. JD Posillico et al., involves an accident which allegedly occurred on the Long Beach Boulevard Bridge which connects the Five Towns area of Nassau County with Atlantic Beach, Long Beach, and Island Park. In his complaint, plaintiff set forth claims under Sections 200, 240(1) and 241(6) of the Labor Law. Plaintiff asserts that he can never work again and as such, made a demand of over 6 million dollars including a substantial lost wage claim.

Plaintiff's employer moved for summary judgment pursuant to the case of Balbuena v. IDR Realty LLC, 6 NY3d 338, 812 NYS2d 416 (2006) seeking to dismiss plaintiff’s lost wage claim on the basis that plaintiff violated the Immigration Reform and Control Act ("IRCA") by producing false documentation in order to procure employment. In support of its motion, plaintiff's employer submitted an affidavit which specified the false documentation provided by plaintiff in order to obtain employment with the company. Robert Leff and Sheryl Bruzzese joined in the motion, highlighting deposition testimony they obtained from plaintiff's deposition wherein they secured highly probative admissions from plaintiff concerning his use of a fraudulent social security number.

In an attempt to avoid summary judgment, plaintiff argued that the fraudulent social security number was only used by plaintiff in 1995 and in no way established that plaintiff used that same number to procure employment in 2005. The testimony obtained by Robert Leff and Sheryl Bruzzese was essential to rebut plaintiff's argument in that they were able to establish that the precise number which plaintiff admitted to have used fraudulently in 1995 was the same social security number identified by plaintiff's employer and contained in his 2005 employment application. The court agreed with defendants and granted their motion to dismiss plaintiff's lost wage claims under Balbuena. The success of this motion will have a significant impact on the ability to reduce the value of this matter.

Click for a PDF copy of the decision.