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Nearly 1,300 people poised to sue New York following terror attacks
By MICHAEL WEISSENSTEIN, Associated Press
Published 12:38 p.m. PST Thursday, Feb. 7, 2002
NEW YORK (AP) - From rescue workers who say they have developed lung problems
to business owners who claim their shops were damaged, 1,300 people have
given notice they may sue the city for a total of $7.18 billion over the
aftermath of the World Trade Center attack.
The claims involve injuries or damage caused not by the attack itself but by
the alleged negligence of the city during the recovery and cleanup.

The vast majority are from firefighters who say the city gave them inadequate
respiratory protection at the smoldering trade center site.

Not all of those who served notice will sue. Some, for example, may instead
seek money from the federal victims compensation fund. But the notices
preserve their right to bring a lawsuit.

The notices show the extent of the health complaints being lodged by hundreds
of firefighters, police officers and other recovery workers who fear cancer
or other ailments.

Asbestos, benzene, dioxin, PCBs and other contaminants have been detected in
the twin towers' ruins. In the first few days after the attack, as many as
150 firefighters and police officers were at the scene 24 hours a day.
Firefighter Palmer Doyle said he worked two 12-hour days without a respirator
at the site. He filed notice of a $10 million claim.

"You run up a couple flights of stairs, which I used to do with no problem,
and you find yourself sucking in the air," he said. "What if, five years down
the road, we develop lung cancer or something like that?"

Most other notices are from property owners near the trade center.

Police officers commandeered Murray's Deli, about four blocks from the twin
towers, on the day of the attack, according to Brian Rappaport, the owners'
lawyer. They allege the shop was left open by police, robbed and vandalized.

The city is self-insured and awards from successful lawsuits would be paid
out of the city's general fund.

"We don't believe the city is liable. But we'll obviously have to take a look
at the complaints if and when they come in," said Corporation Counsel Michael
Cardozo, the city's chief lawyer.

Notices to sue have to be filed within 90 days, though people can go to court
and obtain a waiver of the deadline.

An additional 111 notices have been filed with the Port Authority of New York
and New Jersey, the owner of the World Trade Center complex.

Some city workers could be eligible for benefits from the federal victims'
compensation fund. Kenneth Feinberg, the fund's administrator, said workers
would have to waive their right to sue if they sought federal compensation,
but would get money more quickly and easily through the fund.

Yet many firefighters worry that they could develop cancer long after tapping
into the federal fund, said Michael Barasch, whose law firm filed notices on
behalf of several hundred workers.

Fire Department spokesman Frank Gribbon said the department tried to get
respirators to firefighters as fast as possible after the attack.

"We know that they were available in a limited capacity in the days that
followed Sept. 11," Gribbon said. They soon became more plentiful, he said,
but even then, "guys had them around their necks and they weren't wearing
them."

Firefighters may also file for Social Security benefits and receive
three-quarters of their last year's pay tax-free for life if a line-of-duty
injury forces retirement.



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