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MATTER OF FELDER v. CITY OF NEW YORK

53 A.D.3d 401 (2008)

862 N.Y.S.2d 36

In the Matter of BARRY FELDER et al., Respondents, v. CITY OF NEW YORK, Appellant.

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

Decided July 1, 2008.

Although the Air Transportation Safety and System Stabilization Act of 2001 (ATSSSA) (Pub L 107-42 § 408 [b] [1]) created "a federal cause of action as the exclusive judicial remedy for damages arising out of [the 9/11 aircraft] crashes" at the World Trade Center providing exclusive jurisdiction over such lawsuits in the Southern District of New York (In re WTC Disaster Site, 414 F.3d 352, 373 [2d Cir 2005]), an application to...

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