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KRZYSTOF MAZUR, Also Known as CZESLAW CYBULA, Respondent, v. ROCK-McGRAW, INC., Defendant and Third-Party Plaintiff-Respondent. JARSTAN, INC., Third-Party Defendant-Respondent; ADVATEX ASSOCIATION, INC., Third-Party Defendant-Appellant.

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; Collins v. New York City Health Hosps. Corp., 201 A.D.2d 447; Public Adm'r of Bronx County v. Equitable Life Assur. Socy., 192 A.D.2d 325; see also, Barker v. Kallash, 63 N.Y.2d 19, 24-26; Margolin v. Friedman, 43 N.Y.2d 982, 983; Torres v. Hallen Constr. Corp., 226 A.D.2d 364; Mischalski v. Ford Motor Co., 935 F. Supp. 203, 205-207).

Bracken, J.P., O'Brien, Thompson and Altman, JJ., concur.

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MAZUR v. ROCK-McGRAW, INC
(Jan 12, 1998)