Valderrama v. New York City Transit Authority

*252Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered December 24, 2003, which, insofar as appealed from, granted the motion of defendant New York City Transit Authority (NYCTA) for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

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…