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.

His lawyer is outraged at the city’s response.

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“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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