NEW YORK (CBSNewYork/AP) – The family of a man who died after allegedly being pushed into the path of a subway train has filed a lawsuit against the city’s transit authority.

The lawsuit filed Friday by the family of Ki-Suck Han seeks unspecified damages stemming from his December 3 death. It accuses the Metropolitan Transportation Authority of negligence.

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According to police, suspect Naeem Davis, 30, has admitted to pushing Han in front of an oncoming train. Cell phone video showing a dispute between the two men was released following the incident, showing Davis telling Han ‘Leave me alone.’

Davis, who’s homeless, also told police Han was drunk and instigated the confrontation, according to authorities.

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Davis has been charged in Han’s death and is being held without bail. His attorney has said Han went after his client.

Police said Davis watched the Q train strike Han before leaving the 49th Street station.

The incident last December was the first in a string of fatal subway push incidents.

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