38
following categories:
7
the "7 World Trade Center Defendants" (Am. Compl. 7272 ¶¶ 9-
11); the "7 World Trade Center Construction Defendants" (Am. Compl. 7272 ¶¶ 15-25);
the "City Office of Emergency Management Construction Defendants" (Am. Compl.
7272 ¶¶ 26-58); and the "Citigroup Construction Defendants." (Am. Compl. 7272 ¶¶ 59-
70.)
1. The 7 World Trade Center Defendants
The 7 World Trade Center Defendants--7 World Trade Company, L.P.
and Silverstein Properties, Inc.--are alleged to have erected, operated, and managed
7WTC. The Amended Complaint alleges that the 7WTC Defendants were negligent in
the "design, approval, inspection, installation, maintenance, operation, conduct and
control" of 7WTC and that this negligence led to the collapse of 7WTC and the
destruction of the Con Ed substation. (Am. Compl. 7272 ¶ 148.) Plaintiffs also assert a
negligence per se claim against these defendants.
2. The 7 World Trade Center Construction Defendants
The 7 World Trade Center Construction Defendants--Tishman
Construction Corporation ("Tishman"), the general contractor; Emery Roth & Son, P.C.
("Emery Roth"), the architect; Syska & Hennessy Engineers ("Syska & Hennessy"), the
design engineer; and Irwin G. Cantor P.C. ("Irwin Cantor"), the structural engineer--are
alleged to have owed a duty of care to Con Ed to design and construct 7WTC in a
reasonably safe manner (Am. Compl. 7272 ¶ 167). Plaintiffs allege that they breached
7
Plaintiffs' Amended Complaint also names the "Airline Defendants" and the "Security Company
Defendants." These defendants did not file motions. Plaintiffs also allege claims against the "Public Entity
Defendants," that is, the Port Authority and the City of New York; and against the "Citigroup Defendants"
both in their general allegations in 04 Civ. 7272 and in 02 Civ. 7188. I have stated my rulings with respect
to these defendants in earlier sections of this opinion.