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But city lawyers are arguing that the police had no legal duty to protect Joseph Lozito, the Long Island dad stabbed seven times trying to subdue madman Maksim Gelman — a courtroom maneuver the subway hero calls “disgraceful.” A judge is currently deciding whether Lozito, who sued the city last year for failing to prevent the attack, will get his day in court. Police officers Terrance Howell and Tamara Taylor were part of a massive NYPD manhunt.
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The drug-fueled Gelman had fatally stabbed three people in Brooklyn and killed another with a car during a 28-hour rampage when he entered an uptown No. They were in the operator’s cab, watching the tracks between Penn Station and 42nd Street for any sign of the fugitive. In the official NYPD account and Howell’s own affidavit, Howell heroically tackled and subdued the killer. The 42-year-old mixed-martial-arts fan says he watched Gelman approach the cab window, barking: “Let me in!
” Gelman even claimed to be a cop, but a dismissive Howell turned away, he says. A straphanger recognizing Gelman tried to alert the cops, but was also rebuffed.