Rivers v. Atomic Exterminating Corp.

—Order, Supreme Court, New York County (Walter Tolub, J.), entered March 11, 1994, inter alia, denying defendant Atomic Exterminating Corporation’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Movant was retained by plaintiffs employer to provide exterminating services to the 54th Street Bus depot. Shortly after the extermination procedure occurred, numerous Manhattan and Bronx Surface Transit Operating Authority employees required hospitalization due to exposure to noxious fumes. Plaintiff, who worked as a security guard, suffered symptoms two…