Where defendants assumed that the decedent could not survive his fall and initially mounted a recovery rather than a rescue effort, the Appellate Division's holding that the TCA's unimproved-property immunity did not eliminate exposure to liability for any reduction in his chances of survival that may have been caused by defendants' alleged negligence in undertaking a proper rescue is affirmed; the matter is remanded to the trial court to consider if the TCA's discretionary-act immunity is applicable.
July 19, 2004 at 12:00 AM
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