This section contains the nature of the case and procedural background.

D entered into several contracts with different municipalities for the performance of construction work. D hired Huerta (P). D requested that Huerta (P) provide documentation of his eligibility to work in the United States. He produced an alien registration card and Social Security card. Subsequently, Huerta's (P) employment was terminated. He and others similarly situated, commenced this action seeking payment of a prevailing wage in accordance with D's public works contracts. D then learned that Huerta (P) had provided false documentation, a fact which Huerta (P) does not dispute. D moved for summary judgment dismissing the complaint insofar as asserted by Huerta (P). The Supreme Court denied the motion. D appealed. D contends that Huerta (D) entered into an illegal contract which renders it unenforceable as a matter of New York law. D contends that Huerta's (D) unclean hands preclude him from recovering in equity.

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