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.

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A woman was killed when debris fell on her in Times Square on Dec. 17, 2019. (credit: CBS2)

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.

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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.

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