NEW YORK (CBSNewYork) — There’s new information in the case of a woman killed by falling debris from a building in Times Square.
In response to a lawsuit, the city is arguing Erica Tishman may have been at fault when debris hit her as she was walking on Seventh Avenue near 49th Street in December 2019.READ MORE: Yonkers Police Officer Injured After Altercation With Armed Suspect
City lawyers put out what’s called an affirmative defense that claims Tishman’s “culpable conduct caused of contributed” to her injuries and that she “assumed the risk” of walking on a sidewalk.
Her husband is suing the building and the city, claiming negligence and wrongful death.READ MORE: Driver Being Questioned After 15-Year-Old Girl Struck, Killed By School Bus In Brooklyn Hit-And-Run
His lawyer is outraged at the city’s response.
“You don’t play the odds with people’s wellbeing and people’s lives,” lawyer Benedict Morelli said. “And now, to, to take it so lightly, to be so disrespectful.”
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The city’s law department says it can’t comment further on the pending case.
“We raise affirmative defenses in tort cases to preserve and protect the city’s interests,” the department said.MORE NEWS: Passaic Chemical Plant Demolished As Investigation Continues Into Friday's Massive Fire
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