"NYC architect killed by falling debris in Midtown should have known sidewalks are dangerous" [View all]
You walk New York Citys mean streets, you take your chances.
Thats the argument from city lawyers defending a lawsuit brought by the family of a prominent architect killed by falling debris from a Midtown building.
Erica Tishman died last year after rubble fell from 729 Seventh Ave. and struck her in the head. The building had several outstanding violations with the Department of Buildings, some of which her familys lawyers say still hadnt been addressed when the family sued the city and building owner in August for wrongful death and negligence.
The city Law Department tried to dodge liability in a new Manhattan Supreme Court filing by saying the city streets are known to be dangerous, so people on sidewalks should be prepared for the worst.
Plaintiff(s) knew or should have known in the exercise of due/reasonable care of the risks and dangers incident to engaging in the activity alleged," the city Law Department wrote the activity alleged being walking on a sidewalk.
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