This action arises from an accident in which plaintiff's decedent fell from a subway platform onto the tracks and was killed by an oncoming train. Defendants' liability is premised on, inter alia, allegations that they knew of overcrowded conditions on the subway platform and made those conditions worse by starting a construction project, thereby causing decedent's fall to his death. Discovery provided plaintiff with memoranda authored by James Wincek, the Transit Authority...
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