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NYC architect killed by falling debris in Midtown should have known sidewalks are dangerous: city attorneys
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Leroy N. Soetoro
Oct 16, 2020, 1:59:46 PM10/16/20
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https://www.nydailynews.com/new-york/ny-architect-debris-lawsuit-20201015-
wq2qcb73nvb5xm3sal3l24wgku-story.html#rt=chartbeat-flt
You walk New York City’s mean streets, you take your chances.
That’s 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 family’s lawyers say
still hadn’t 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.
The Law Department went on:
"Plaintiff(s) voluntarily performed and engaged in the alleged activity
and assumed the risk of the injuries and/or damages claimed. Plaintiff(s)
failed to use all required, proper, appropriate and reasonable safety
devices and/or equipment and failed to take all proper, appropriate and
reasonable steps to assure his/her/their safety.”
In other words, the city is saying that by “voluntarily” walking down the
sidewalk, Tishman assumed a risk of injury — including a risk that
stonework might fall from a building not properly inspected by the city.
By writing that Tishman failed to have “reasonable safety devices and/or
equipment” — a helmet? — the city offers up another reason she is at least
partly responsible for her own death.
Benedict Morelli, attorney for the Tishman family, considered the
arguments insensitive and disrespectful.
“Don’t give me boilerplate answers when you killed a woman!” he shouted.
“This is a very close-knit family. When they hear and see something like
that, it’s insult to injury. It’s actually more than that because it’s
insult to death. It absolutely does not give respect to the memory of
Erica Tishman.”
Tishman, 60, was a married mother of three whose architecture firm
designed the Trump Plaza Residences, one of two Trump-branded apartment
buildings in Jersey City, among other buildings.
A graduate of the exclusive Riverdale Country School and both Harvard and
Princeton, Tishman was married at the Plaza Hotel to Steven Tishman, the
head of mergers and acquisitions at the investment bank Houlihan Lokey.
Dec. 18, 2019: Death From Above -- Renowned architect Erica Tishman, a
vice president of a project management firm, was killed by falling debris
from a 17-story building at Seventh Ave. and 49th St.
Dec. 18, 2019: Death From Above -- Renowned architect Erica Tishman, a
vice president of a project management firm, was killed by falling debris
from a 17-story building at Seventh Ave. and 49th St. (New York Daily
News)
The couple donated generously to the Education Alliance, a Lower East
Side-non-profit.
--
No collusion - Special Counsel Robert Swan Mueller III, March 2019.
Donald J. Trump, 304 electoral votes to 227, defeated compulsive liar in
denial Hillary Rodham Clinton on December 19th, 2016. The clown car
parade of the democrat party ran out of gas and got run over by a Trump
truck.
Congratulations President Trump. Thank you for cleaning up the disaster
of the Obama presidency.
Under Barack Obama's leadership, the United States of America became the
The World According To Garp. Obama sold out heterosexuals for Hollywood
queer liberal democrat donors.
President Trump has boosted the economy, reduced illegal immigration,
appointed dozens of judges and created jobs.
Senile loser and NAMBLA supporter Nancy Pelosi got "Trumped" on February
5, 2020. "President Trump, Not Guilty."
wq2qcb73nvb5xm3sal3l24wgku-story.html#rt=chartbeat-flt
You walk New York City’s mean streets, you take your chances.
That’s 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 family’s lawyers say
still hadn’t 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.
The Law Department went on:
"Plaintiff(s) voluntarily performed and engaged in the alleged activity
and assumed the risk of the injuries and/or damages claimed. Plaintiff(s)
failed to use all required, proper, appropriate and reasonable safety
devices and/or equipment and failed to take all proper, appropriate and
reasonable steps to assure his/her/their safety.”
In other words, the city is saying that by “voluntarily” walking down the
sidewalk, Tishman assumed a risk of injury — including a risk that
stonework might fall from a building not properly inspected by the city.
By writing that Tishman failed to have “reasonable safety devices and/or
equipment” — a helmet? — the city offers up another reason she is at least
partly responsible for her own death.
Benedict Morelli, attorney for the Tishman family, considered the
arguments insensitive and disrespectful.
“Don’t give me boilerplate answers when you killed a woman!” he shouted.
“This is a very close-knit family. When they hear and see something like
that, it’s insult to injury. It’s actually more than that because it’s
insult to death. It absolutely does not give respect to the memory of
Erica Tishman.”
Tishman, 60, was a married mother of three whose architecture firm
designed the Trump Plaza Residences, one of two Trump-branded apartment
buildings in Jersey City, among other buildings.
A graduate of the exclusive Riverdale Country School and both Harvard and
Princeton, Tishman was married at the Plaza Hotel to Steven Tishman, the
head of mergers and acquisitions at the investment bank Houlihan Lokey.
Dec. 18, 2019: Death From Above -- Renowned architect Erica Tishman, a
vice president of a project management firm, was killed by falling debris
from a 17-story building at Seventh Ave. and 49th St.
Dec. 18, 2019: Death From Above -- Renowned architect Erica Tishman, a
vice president of a project management firm, was killed by falling debris
from a 17-story building at Seventh Ave. and 49th St. (New York Daily
News)
The couple donated generously to the Education Alliance, a Lower East
Side-non-profit.
--
No collusion - Special Counsel Robert Swan Mueller III, March 2019.
Donald J. Trump, 304 electoral votes to 227, defeated compulsive liar in
denial Hillary Rodham Clinton on December 19th, 2016. The clown car
parade of the democrat party ran out of gas and got run over by a Trump
truck.
Congratulations President Trump. Thank you for cleaning up the disaster
of the Obama presidency.
Under Barack Obama's leadership, the United States of America became the
The World According To Garp. Obama sold out heterosexuals for Hollywood
queer liberal democrat donors.
President Trump has boosted the economy, reduced illegal immigration,
appointed dozens of judges and created jobs.
Senile loser and NAMBLA supporter Nancy Pelosi got "Trumped" on February
5, 2020. "President Trump, Not Guilty."
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