The City of New York's Department of Environmental Protection (DEP), not appellant owner, evacuated appellant's lower Manhattan building, solicited bids for decontamination work in the wake of the terrorist attack on September 11, 2001, hired plaintiff's employer ETS Contracting, Inc., an asbestos removal contractor, and was in charge of the environmental cleanup of the building. No one, other than the DEP's personnel or their contractors' workers, was allowed on the premises...
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