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MATTER OF WORLD TRADE CENTER BOMBING

No. 217

17 N.Y.3d 428 (2011)

2011 NY Slip Op 6501

In the Matter of WORLD TRADE CENTER BOMBING LITIGATION. STEERING COMMITTEE et al., Respondents, v. THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Appellant.

Court of Appeals of New York.

Decided September 22, 2011.

Attorney(s) appearing for the Case

Weil, Gotshal & Manges LLP, New York City (Richard A. Rothman, Gregory Silbert, David Yolkut and Adam Banks of counsel), and Goldberg Segalla LLP, Mineola (Paul S. Devine of counsel), for appellant.

Davis Wright Tremaine LLP, New York City (Victor A. Kovner, Sharon L. Schneier, Edward J. Davis and Deborah A. Adler of counsel), Sullivan Papain Block McGrath & Cannavo P.C. (Brian J. Shoot of counsel), Richard J. Katz, LLP (Jonathan A. Rapport of counsel) and Fensterstock & Partners LLP (Blair C. Fensterstock of counsel) for respondents.

Fiedelman & McGaw, Jericho (Andrew Zajac, Dawn C. DeSimone, Rona L. Platt, Brendan T. Fitzpatrick, David Hamm and Jonathan A. Judd of counsel), for Defense Association of New York, Inc., amicus curiae.

Judges READ, PIGOTT and MERCURE concur with Judge JONES; Judge CIPARICK dissents and votes to affirm in a separate opinion in which Judges GRAFFEO and PRUDENTI concur; Chief Judge LIPPMAN and Judge SMITH taking no part.

OPINION OF THE COURT

JONES, J.

This appeal, involving litigation arising from the 1993 terrorist bombing incident in the parking garage of the World Trade Center complex (WTC), raises critical issues regarding the interplay of the proprietary and governmental functions of a public entity and the provision of security, particularly against the risk of terrorist attack. First, we must determine whether the Port Authority of New York and New Jersey (Port Authority...

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