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Requests 2012

Label derived from the City's folder field. The City does not supply document titles.NYC-WTC_000159400–000159415
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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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NYC-WTC_000159413

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NYC-WTC_000159413Source: NYC Law Department, mirrored locally

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