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IN THE MATTER OF FELDER v. CITY OF NEW YORK

1152N, M-2569.

2008 NY Slip Op 05965

IN RE BARRY FELDER, ET AL., Petitioners-Respondents, v. THE CITY OF NEW YORK, Respondent-Appellant. SULLIVAN Plaintiffs, Amici Curiae.

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

Decided July 1, 2008.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York (Ronald E. Sternberg of counsel), for appellant.

Worby Groner Edelman & Napoli Bern LLP, New York (Denise A. Rubin of counsel), for respondents.

Sullivan Papain Block McGrath & Cannavo, P.C., New York (Brian J. Shoot of counsel), for amici curiae.

Before: Nardelli, J.P., Williams, Buckley, Sweeny, JJ.

Although the Air Transportation Safety and System Stabilization Act of 2001 (ATSSSA, P.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...

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