MATTER OF EDWARDS v. CITY OF NEW YORK


2 A.D.3d 110 (2003)

767 N.Y.S.2d 608

In the Matter of ROY EDWARDS, Respondent, v. CITY OF NEW YORK, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

December 2, 2003.


The record shows that within 90 days of September 11, 2001, the City acquired actual knowledge of the essential facts constituting petitioner sanitation worker's claim that he sustained injury because the City did not provide him with gear needed to protect against toxic substances stemming from the immediate aftermath of the World Trade Center collapse. In particular, we note the memorandum dated December 10, 2001 that the Department of Sanitation distributed to the medical...

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