Plaintiff testified at a deposition and a General Municipal Law § 50-h hearing that in March 2001 he was employed by third-party defendant Hazardous Elimination Corporation (HEC). On the date of the accident, HEC was doing an asbestos removal project in the subway at 31st Street and Broadway. Plaintiff recalled that HEC employees entered the subway through an emergency exit, and that upon descent to track level they were approximately 50 feet from the work site. Plaintiff...
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