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NASH v. PORT AUTH OF NY & NJ

51 A.D.3d 337 (2008)

856 N.Y.S.2d 583

LINDA P. NASH, Respondent, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Appellant. In the Matter of WORLD TRADE CENTER BOMBING LITIGATION. STEERING COMMITTEE, Respondent, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

April 29, 2008.

Attorney(s) appearing for the Case

Gibbons P.C., New York City (John J. Gibbons and Jeffrey L. Nagel of counsel), and Milton H. Pachter, New York City (Carlene V. McIntyre and Arnold D. Kolikoff of counsel), for appellant.

Louis A. Mangone, New York City, for Linda P. Nash, respondent.

Sullivan Papain Block McGrath & Cannavo, New York City (Brian J. Shoot, Andrew J. Carboy and David J. Dean of counsel); Davis Wright Tremaine LLP, New York City (Victor A. Kovner, Sharon L. Schneier, Edward J. Davis and Peter Karanjia of counsel); and Fensterstock & Partners, LLP, New York City (Blair C. Fensterstock of counsel), for Steering Committee, respondent.

MAZZARELLI, GONZALEZ, SWEENY and ACOSTA, JJ., concur.

OPINION OF THE COURT

LIPPMAN, P.J.

On February 26, 1993, at midday, terrorists, utterly unimpeded, even by so much as a garage attendant or a gate, drove a bright yellow Ryder rental van, loaded with fertilizer-based explosive possessing the potency of 1,500 pounds of dynamite, into the subterranean public parking garage of the World Trade Center. They parked the van on the garage access ramp proximate to vital utility and communications systems and conduits...

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