NYC 9/11 Public Portal Document
were lawful, proper and constitutional, and did not violate any clearly established rights of which
a reasonable person would have known at the time.
106. Consequently, the individually-named defendants are immune from
liability under the doctrine of qualified immunity.
AS AND FOR A SIXTH DEFENSE;
107. Punitive damages are not obtainable against a municipality, such as the
City of New York.
AS AND FOR A SEVENTH DEFENSE;
108. To the extent that plaintiff is seeking the reversal of charges assessed by
City defendants against the subject property, those claims are either jurisdictionally barred
because plaintiff has failed to exhaust his administrative remedies, not ripe for judicial review, or
time-barred by the four month statute of limitations available for claims pursuant to Article 78 of
the New York Civil Practice Law and Rules.
COUNTER-CLAIM AGAINST PLAINTIFF
109. Any damages sustained by the plaintiff was caused in whole or in part by
the acts or omissions of plaintiff or his agents, who is or may be liable to defendant City of New
York for contribution on the basis of his equitable shares of responsibility.
110. Plaintiffs failure to demolish and/or make safe the subject premises,
wrongfully created a serious hazard to the public health, safety, and welfare.
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