The city wants a lawsuit thrown out in the case of a young girl who was struck and killed by a car on the Upper West Side.
Ariel Russo, 4, died last June after a teenager fleeing the police hit the girl and her 55-year-old grandmother while they were walking to school.
The $40 million wrongful death suit filed by her family against the city claims that the four-minute delay in sending an ambulance to the scene contributed to Russo's death.
Investigators attribute that delay to a dispatcher's failure to pass along the call.
However, the city says precedent dictates that in order to support a negligence claim, the injured person or a blood relative must have been the one to call 911.
It's not known who called.
The suit also claims that the New York City Police Department was negligent while they were pursuing the driver who hit Russo.
In a statement, a city spokesperson said, "Although this involves a very tragic case, that does not necessarily mean that the City is liable. Moreover, the City's position is not based upon a 'legal technicality.' It is a well-established principle articulated by the state's highest court."