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Jackie Knell will file a notice to sue today, charging there were numerous violations at the work site April 26, when her husband slipped and fell.
Lawyer Sanford Rubenstein said the "third-rail protecting boards were removed and there was no signage or lights alerting employees of the exposed third rail."
The News reported last month that a preliminary investigation of the tragedy raised a number of safety concerns, including that Knell was lugging 90 pounds of spikes when he apparently lost his balance.
A spokeswoman for NYC Transit declined to comment.