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Denise Gay, 56
Brooklyn, New York
September 05, 2011

Agencies: New York Police Department NYPD

Last updated: 4 months ago

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A wrongful death lawsuit will be filed Thursday against the city and cops who unleashed a 73-shot fusillade against an armed thug that killed an innocent Brooklyn mom, the Daily News has learned.

Denise Gay’s last act before she was shot in the head on the porch of her Crown Heights home was pushing her niece to safety as the gunfire erupted.

The NYPD has confirmed the bullet that killed 56-year-old Gay did not come from the handgun of the thug who had already killed one man and was firing at cops.

But police have not taken responsibility for her death because the ballistic tests were inconclusive — although the fatal round did come from a 9-mm. gun, which the cops were using.

NYPD spokesman Paul Browne did not return requests for comment.

“We intend to prove to a jury it was a police bullet fired negligently in a barrage of 73 shots that killed this innocent bystander just sitting on her stoop enjoying life,” lawyer Sanford Rubenstein said.

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