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NBC's ‘Smash’ Sued by New York City Street Vendor

NBC's 'Smash' Sued by New York City Street Vendor

New York man claims he was subjected to racial slurs and profanity, ultimately breaking his wrist during altercation

NBC's musical series “Smash” may be a thing of the past, but the show lives on in the legal system.

The show is at the center of a lawsuit filed in Supreme Court in New York last week, by a man who claims he was injured by crew members for the show.

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In the complaint, Modou Niang, who's identified as a licensed street vendor, says that two blocks in Manhattan were blocked off for a “Smash” shoot on Feb. 15, 2013, with employees from the show wearing badges and carrying film equipment.

According to the suit, Niang — described as an African of Senegalese extraction — was approached by a group of African American men and was asked if he was African. When Niang answered in the affirmative, the suit alleges, he was subjected to a barrage of profanity and racial slurs.

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The complaint alleges that one of the men grabbed Niang's merchandise, a framed photograph, from his station. When Niang attempted to retrieve the photo, the suit claims, the man “forcibly elbowed Mr. Niang in his chest,” causing him to “fall backward, landing on his hands and breaking his right wrist as a result.”

Niang is suing NBC Universal, the show — identified as “Smash TV” in the suit — and multiple John Does, claiming negligent hiring, retention or supervision, intentional infliction of emotional distress and other grievances. He's seeking unspecified damages.

A spokesperson for NBC declined to comment.

Pamela Chelin contributed to this report.